UC-NRLF 


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STATE    OF   WASHINGTON 
1913 


CODE  OF  PUBLIC 
INSTRUCTION 


ANNOTATED 


Together  with  Opinions  of  the  Attorney 
Generals,  Citations  from  Decisions  of  the 
Supreme  Court,  Rules  of  the  State  Board 
of  Education,  Instructions  Relative  to  the 
Issuance  of  Ronds,  and  an  Appendix  of 
blank  forms  for  guidance  of  school  officers 


PUBLISHED   AND    FOR   SALE   BY 

Frank  m.  Lamborn,  Public  Printer 

OLYMPIA,  WASHINGTON 


Jjj 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/codeofpublicinstOOwashrich 


STATE  OF  WASHINGTON 


Gode  of  Public  Instruction 

ANNOTATED 


TOGETHER    WITH 

Opinions  of  the  Attorney  Generals,  Citations  from 

Decisions  of  the  Supreme  Court,  Rules  of  the 

State  Board  of   Education,  Instructions 

Relative  to  the  Issuance  of  Bonds, 

and  an  appendix  of  blank  forms 

for  the  guidance  of 

school  officers 


1913 


PUBLISHED  BY  AUTHORITY 

MRS.  JOSEPHINE  G.  PRESTON 

Superintendent  of  Public  Instruction 


OLYMPIC 

F.  M.  Lamborn  <^sJ^^>  Public  Printer 
1913 


.ft 


•    -     ♦     .  •        .  . 


INTRODUCTION 

One  of  the  duties  of  the  Superintendent  of  Public  Instruction 
is  the  publication  at  timely  seasons  of  the  laws  of  the  state 
relating  to  the  administration  of  the  public  schools.  It  is  now 
four  years  since  the  Code  of  Public  Instruction  was  issued.  In 
the  two  subsequent  sessions  of  the  legislature,  while  the  school 
laws  were  not  materially  changed,  important  amendments  were 
made  and  new  legislation  enacted  rendering  imperative  the  gen- 
eral demand  for  a  new  edition  of  the  school  code.  Accordingly 
this  Code  of  Public  Instruction  has  been  compiled  and  issued 
for  the  benefit  of  the  school  officers  of  the  state. 

Since  a  full  knowledge  of  the  school  laws  of  the  state  is  neces- 
sary before  officers  responsible  for  the  administration  of  the 
schools  can  properly  discharge  their  duties,  it  has  seemed  wise 
to  prepare  not  only  a  complete  code,  but  to  prepare  it  in  such 
a  way  that  the  use  of  the  code  may  be  facilitated  in  every  possi- 
ble manner.  This  code,  therefore,  has  followed  the  regular  meth- 
od of  the  codification  of  laws.  All  the  laws  dealing  with  the  com- 
mon schools,  the  higher  institutions  of  learning,  the  state 
charitable  institutions,  and  relating  to  the  control  of  children 
have  been  compiled  and  fully  annotated.  After  each  section, 
has  been  placed  all  matter  that  explains  or  modifies  the  meaning 
of  the  section,  including  the  opinions  of  the  Attorney  Generals 
or  their  assistants,  citations  from  decisions  of  the  Supreme 
Court,  and  cross  references  to  related  sections  in  the  laws.  In 
this  respect  it  differs  from  preceding  editions  of  the  code.  It  is 
the  hope  and  belief,  however,  that  this  arrangement  will  prove 
most  helpful  to  all  persons  who  make  frequent  use  of  the  code. 

No  such  complete  edition  could  have  been  prepared  had  not 
Attorney  General  W.  V.  Tanner  graciously  offered  the  services 
of  his  department  in  the  preparation  of  the  code.  The  work  of 
compiling  and  editing  has  been  done  by  Mr.  William  J.  Coyle, 
of  the  Attorney  General's  office.     The  conscientious  and  thor- 

311917 


4  INTRODUCTION 


ough  way  in  which  Mr.  Coyle  has  performed  his  task  is  attested 
all  through  the  work  and  has  earned  for  him  a  high  tribute  of 
praise  from  school  officers. 

Among  the  changes  made  in  the  1911  and  1913  sessions  of 
the  legislature,  which  are  specially  important,  are  the  following: 

1.  An  act  providing  for  the  wider  use  of  the  school  plant. 

2.  An  amendment  to  the  certification  law  allowing  grades 
to  be  accepted  from  certificates  granted  in  certain  other 
states. 

3.  An  act  allowing  union  high  school  districts  to  be  dis- 
solved by  a  three-fifths  vote  at  any  time  after  five  years 
from  date  of  organization. 

4.  An  amendment  providing  that  attendance  of  all  children 
of  school  age  attending  private  schools  be  credited  to 
the  home  districts  of  the  children. 

5.  A  new  Juvenile  Court  law. 

6.  A  new  act  governing  the  State  Institution  for  the  Fee- 
ble-Minded. 

7.  An  act  making  a  division  of  the  State  School  for  the 
Deaf  and  Blind  into  the  State  School  for  the  Blind  and 
the  State  School  for  the  Deaf. 

8.  A  law  requiring  county  commissioners  to  levy  a  sinking 
fund  at  the  expiration  of  one-half  the  time  for  which 
bonds  are  issued. 

9.  An  act  making  the  prosecuting  attorney  the  attorney 
for  school  districts  in  all  actions  involving  legal  proced- 
ure. 

I  wish  to  urge  all  county  superintendents  and  school  district 
officers  to  familiarize  themselves  thoroughly  with  this  code.  We 
are  called  upon  to  answer  hundreds  of  questions  on  the  school 
law  where  the  inquirer  has  simply  failed  to  look  up  the  matter 
in  the  code.  A  full  index  has  been  provided  so  that  all  points 
of  law  may  be  quickly  referred  to.  School  officers  should  study 
carefully  the  special  portions  of  the  code  treating  of  their  du- 
ties. In  addition  they  should  read  the  other  provisions  of  the 
laws  relating  to  the  common  schools.  Time  spent  in  a  careful 
perusal  of  the  law  is  time  employed  most  profitably.  Especially 
is  this  true  with  regard  to  laws  governing  the  expenditure  of 
funds. 


INTRODUCTION 


The  State  Superintendent  will  answer  legal  questions  from 
county  superintendents.  District  officers  and  school  patrons  de- 
siring information  on  points  of  school  law  should  communicate 
with  their  county  superintendent  rather  than  with  the  Superin- 
tendent of  Public  Instruction. 


0<*jL>o-4^/v~r\jL.      \J /XJ^^J^or^y 


Superintendent  of  Public  Instruction. 
Olympia,  Washington,  August  1,  1913. 


g  OFFICIAL  SCHOOL  CALENDAR 


DEPARTMENT   OF   EDUCATION 


Mrs.  Josephine  C.  Preston,  Superintendent  of  Public  Instruction 

Olympia 

Charles  A.  Sprague,  Assistant  Superintendent Olympia 

Miss  Martha  A.  Sherwood,  Deputy  Superintendent Olympia 

Edwin  Twitmyer,  High  School  Inspector. . .  .810  E.  Denny  Way,  Seattle 
Mrs.  Mary  A.  Bryan,  Secretary  State  Board  of  Examiners. ..  .Olympia 
Miss  Hanna  M.  Cordy,  Chief  Clerk Olympia 

STATE  BOARD  OF  EDUCATION 

Mrs.  Josephine  C.  Preston,  President,  ex-officio Olympia 

Miss  Martha  A.  Sherwood,  Secretary,  ex-officio Olympia 

Thomas  F.  Kane,  President  University  of  Washington Seattle 

Enoch  A.  Bryan,  President  Washington  State  College Pullman 

W.  E.  Wilson,  Principal  State  Normal  School Ellensburg 

Frank  B.  Cooper,  Superintendent  of  Schools. Seattle 

Henry  B.  Hart,  Principal  South  Central  High  School Spokane 

W.  E.  Gamble,  County  Superintendent,  Okanogan  County. .  .Conconully 


OFFICIAL   SCHOOL    CALENDAR 


July  1 — Fiscal  year  begins. 

July  4 — Independence  Day  (legal  holiday). 

July  15 — On  or  before  July  15,  clerks  transmit  annual  report  to  county 
superintendent. 

August  1— County  superintendents  transmit  annual  report  to  Superin- 
tendent of  Public  Instruction. 

August,  first  Saturday— Regular  meeting  of  the  board  of  directors  in 

districts  of  the  third  class. 
August,  last  Thursday,  Friday  and  Saturday — Teachers'  examination. 
September  1— On  or  before  September  1,  clerk  must  report  to  board  of 

county  commissioners  detailed  estimate  of  expenditures  during 

current  year. 

September— At  opening  of  school,  clerk  must  furnish  teacher  with  copy 
of  last  school  census. 

September,  first  Monday— Labor  Day  (legal  holiday). 
November,  first  Saturday— Regular  meeting  of  board  of  directors  in  dis- 
tricts of  the  third  class. 


OFFICIAL  SCHOOL  CALENDAR 


November,  last  Thursday — Thanksgiving  Day  and  day  following  are 
legal  holidays  for  schools. 

November — Ten  days  before  first  Saturday  in  December,  notices  of  an- 
nual school  election  in  districts  of  the  first  class  must  be  posted 
by  the  secretary. 

December,  first  Saturday — Annual  school  election  in  districts  of  the 
first  class. 

December,  second  Thursday,  Friday  and  Saturday — Teachers'  examina- 
tion. 

December  25 — Christmas  (legal  holiday). 

January  1 — New  Year's  Day  (legal  holiday). 

January,  first  Monday — Organization  of  board  in  districts  of  the  first 
class. 

February,  first  Saturday — Regular  meeting  of  board  of  directors  in  dis- 
tricts of  the  third  class. 

February  22 — Washington's  Birthday  (legal  holiday). 

February — Ten  days  before  first  Saturday  in  March  notices  of  annual 
school  election  in  districts  of  the  second  and  third  class  must  be 
posted  by  clerk. 

March,  first  Saturday — Annual  school  election  in  districts  of  second  and 
third  class. 

March,  fourth  Monday  after  annual  school  election — Directors  take  office 
and  organize  at  two  o'clock  p.  m.  by  election  of  chairman  and 
clerk. 

May  1 — Enumeration  of  children  of  school  age. 

May,  first  Saturday — Regular  meeting  of  board  of  directors  in  districts 
of  the  third  class. 

May,  second  Thursday,  Friday  and  Saturday — Teachers'  examination. 

May  30 — Memorial  Day  (legal  holiday). 

June,  third  Tuesday — Annual  meeting  of  State  Board  of  Education. 

June  30 — End  of  fiscal  year. 

Each  month,  first  Friday — Regular  meeting  of  directors  of  districts 
of  the  second  class. 


EXPLANATIONS  OF  TERMS,  SYMBOLS,  AND 
ABBREVIATIONS. 

Code  Pub.  Ins. — Code  of  Public  Instruction. 

et  seq. — and  following. 

infra — Within,  meaning  that  the  section  referred  to  follows  in  this  book. 

L. — Laws;  e.  g.  "L.  '09,  p.  163,"  means  that  the  section  is  part  of  the 

Laws  of  1909  and  may  be  found  on  page  163  of  the  Session  Laws 

of  that  year. 
Rem.  &  Bal. — Remington  and  Ballinger  Annotated  Codes  and  Statutes 

of  Washington.    Reference  is  made  to  the  sections  in  Rem.  &  Bal. 

Code  from  which  the  sections  in  this  Code  are  taken, 
supra — Above,  meaning  that  the  section  referred  to  precedes. 
§ — Section. 
§§— Sections. 

Cross  references,  opinions  of  the  Attorney  Generals,  and  citations 
from  Supreme  Court  decisions  are  put  in  smaller  type  following  the 
sections  to  which  they  relate.  In  each  case  the  name  of  the  author  of 
the  opinion  rendered  by  the  Attorney  General  or  his  assistant  is  given; 
also  reference  is  made  to  the  reports  of  Supreme  Court  cases  from 
which  citations  are  made. 


GODE  OF  PUBLIC  INSTRUCTION. 


TITLE  I— SYSTEM  OF  PUBLIC  INSTRUCTION 
CHAPTER  1— THE  STATE 

1.  State  system  of  schools 

A  general  and  uniform  system  of  public  schools  shall  be 
maintained  throughout  the  State  of  Washington,  and  shall  em- 
brace common  schools  (including  high  and  elementary  schools, 
schools  for  special  help  and  discipline,  schools  or  departments 
for  special  instruction),  technical  schools,  the  University  of 
Washington,  the  State  College  of  Washington,  state  normal 
schools,  state  training  schools,  schools  for  defective  youth,  and 
such  other  educational  institutions  as  may  be  established  by 
law  and  maintained  at  public  expense.  (L.  '09,  p.  230,  §  1 ; 
Rem.  &  Bal.,  §  4302.) 

Const.,  art.  IX,  §  2,  provides :  "The  public  school  system  shall  include  com- 
mon schools,  and  such  high  schools,  normal  schools,  and  technical  schools  as  may 
hereafter  be  established." 

A  common  school,  within  Const.,  art.  IX,  §  2,  means  one  that  is  common 
to  all  children  of  proper  age  and  capacity,  free,  and  subject  to,  and  under  the 
control  of  the  qualified  voters  of  the  district.  School  District  v.  Bryan,  51  Wash. 
498. 

The  provisions  in  the  school  law  for  compulsory  vaccination  is  within  and 
germane  to  the  title,  "An  act  to  establish  a  general  and  uniform  system  of 
public  schools."     State  ex  rel.  McFadden  v.  Shorrock,  55  Wash.  208. 

2.  Administrative  officers 

The  administration  of  the  public  school  system  shall  be  in- 
trusted to  a  Superintendent  of  Public  Instruction,  a  State 
Board  of  Education,  to  regents  or  trustees  for  educational  in- 
stitutions, to  county  superintendents  of  common  schools,  to 
boards  of  directors  and  district  clerks.  (L.  '09,  p.  230,  §  2 ; 
Rem.  &  Bal.,  §  4303.) 

CHAPTER   2— SUPERINTENDENT   OF   PUBLIC   INSTRUCTION 

3.  Election  and  term  of  office 

A  Superintendent  of  Public  Instruction  shall  be  elected  by 
the  qualified  electors  of  the  state,  on  the  first  Tuesday  after 
the  first  Monday  in  November  of  the  year  in  which  state  officers 


10  CODE  OF  PUBLIC  INSTRUCTION 


are  elected,  and  shall  hold  his  office  for  the  term  of  four  years, 
and  until  his  successor  is  elected  and  qualified.  (L.  '09,  p.  231, 
§l;Rem.  &  Bal.,  §4305.) 

See  Const.,  art.  Ill,  5§  1  and  3. 

4.  Salary 

The  Superintendent  of  Public  Instruction  shall  receive  an 
annual  salary  of  three  thousand  dollars,  payable  monthly,  upon 
warrant  of  the  State  Auditor,  drawn  upon  the  State  Treasurer, 
in  the  same  manner  as  other  state  officers  are  paid.  (L.  '09, 
p.  231,  §  2;  Rem.  k  Bal.,  §  4306.) 

See  Const.,  art.  Ill,  §  22. 

5.  Powers  and  duties 

The  powers  and  duties  of  the  Superintendent  of  Public  In- 
struction shall  be: 

First.  To  have  supervision  over  all  matters  pertaining  to 
the  public  schools  of  the  state. 

Second.  To  report  biennially  to  the  Governor  on  or  before 
the  first  day  of  November  preceding  the  regular  session  of  the 
legislature,  of  which  report  five  thousand  copies  shall  be  printed 
and  delivered  to  the  Superintendent  of  Public  Instruction,  who 
shall  furnish  one  copy  to  be  deposited  in  the  state  library,  one 
copy  to  each  county  superintendent  of  schools  and  one  copy 
to  each  district  library.  Said  report  shall  contain  a  statement 
of  the  general  condition  of  the  public  schools  of  the  state,  with 
full  statistical  tables  by  counties  showing  the  number  of 
schools  and  the  attendance,  the  state  and  county  funds  ap- 
portioned, amount  received  from  special  tax  and  from  other 
sources,  amount  expended  for  salaries  of  teachers,  the  salaries 
paid  by  the  several  counties  to  the  county  superintendent  of 
schools  and  the  amount  paid  for  incidentals  and  expenses ; 
the  amount  paid  for  building  and  providing  school  houses  with 
furniture  and  apparatus,  the  amount  of  bonded  and  other 
school  indebtedness,  with  the  rate  of  interest  paid  thereon,  the 
reports  of  all  state  educational  institutions,  or  such  portions 
of  them  as  he  may  think  advisable,  together  with  such  other 
facts  as  he  may  deem  of  general  interest.     He  shall  also  in- 


STATE  OF  WASHINGTON  n 

elude  in  his  report  a  statement  of  plans  for  the  management 
and  improvement  of  the  schools. 

Third.  To  prepare  and  have  printed  such  blanks,  forms, 
registers,  courses  of  study,  rules  and  regulations  for  the  gov- 
ernment of  the  common  schools,  questions  prepared  for  the 
examination  of  teachers,  and  such  other  blanks  and  books  as 
may  be  necessary  for  the  discharge  of  the  duties  of  teachers 
and  officers  charged  with  the  administration  of  the  laws  re- 
lating to  the  common  schools,  and  to  distribute  the  same  to 
the  county  superintendents. 

Fourth.  To  travel,  without  neglecting  his  other  official 
duties  as  Superintendent  of  Public  Instruction,  for  the  pur- 
pose of  attending  educational  meetings  or  conventions  within 
tills  or  adjoining  states,  of  visiting  schools,  of  consulting 
county  superintendents  or  other  school  officers. 

Fifth.  To  submit  to  the  State  Auditor  a  monthly  state- 
ment of  his  expenditures  for  traveling  expenses. 

Sixth.  To  cause  to  be  printed  with  an  appendix  of  ap- 
proximate forms  and  instructions  for  carrying  into  execution 
the  laws  relating  to  public  schools,  and  to  distribute  to  each 
county  superintendent  a  sufficient  number  of  copies  to  supply 
each  district  officer,  and  to  cause  the  same  to  be  printed  and 
distributed  as  often  as  any  change  in  the  laws  shall  make  it 
of  sufficient  importance,  in  his  opinion,  to  justify  the  same. 

Seventh.  To  act  as  ecc-officio  president  of  the  State  Board 
of  Education. 

Eighth.  To  hold,  annually,  a  convention  of  the  county 
superintendents  of  the  state  at  such  time  and  place  as  he  may 
deem  convenient,  for  the  discussion  of  questions  pertaining  to 
supervision  and  the  administration  of  the  school  laws  and 
such  other  subjects  affecting  the  welfare  and  interests  of  the 
common  schools  as  may  be  brought  before  it.  Said  convention 
shall  continue  in  session  not  less  than  two  days  nor  more  than 
three  days,  at  the  option  of  the  Superintendent  of  Public  In- 
struction. It  shall  be  the  duty  of  every  county  superintend- 
ent  in   this   state  to  attend  said  convention   during  its  entire 


lg  CODE  OF  PUBLIC  INSTRUCTION 

session,  and  any  county  superintendent  who  attends  the  con- 
vention shall  receive  actual  traveling  expenses  in  attending 
said  convention. 

Ninth.  He  shall  file  all  papers,  leports  and.  public  docu- 
ments transmitted  to  him  by  the  school  officers  of  the  several 
counties  of  the  state,  each  year  separately.  Copies  of  all  pa- 
pers filed  in  his  office,  and  his  official  acts,  may  be  certified  by 
him  and  attested  by  his  official  seal,  and  when  so  certified  shall 
be  evidence  equally  and  in  like  mariner  as  the  original  paper. 

Tenth.  To  require  annually,  on  or  before  the  15th  day  of 
August,  of  the  president,  manager,  or  principal  of  every  edu- 
cational institution  in  this  state,  a  report  of  such  facts  ar- 
ranged in  such  form  as  he  may  prescribe,  and  he  shall  furnish 
blanks  for  such  reports ;  and  it  is  hereby  made  the  duty  of 
every  president,  manager  or  principal,  to  fill  up  and  return 
such  blanks  within  such  time  as  the  Superintendent  of  Public 
Instruction  shall  direct. 

Eleventh.  To  keep  in  his  office  a  directory  of  all  boards 
of  regents  and  trustees  of  state  educational  institutions,  of  the 
faculties  of  said  institutions,  and  of  all  teachers  receiving  cer- 
tificates to  teach  in  the  common  schools  of  this  state. 

Twelfth.     To  issue  certificates  as  provided  by  law. 

Thirteenth.  To  keep  in  his  office  at  the  capital  of  the  state, 
all  books  and  papers  pertaining  to  the  business  of  his  office, 
and  to  keep  and  preserve  in  his  office  a  complete  record  of 
statistics,  and  all  matters  pertaining  to  the  educational  inter- 
ests of  the  state,  as  well  as  a  record  of  the  meetings  of  the 
State  Board  of  Education. 

Fourteenth.  To  decide  all  points  of  law  which  may  be  sub- 
mitted to  him  in  writing  by  any  county  superintendent,  or  that 
may  be  submitted  to  him  by  any  other  person,  upon  appeal 
from  the  decision  of  any  county  superintendent;  and  he  shall 
publish  his  rulings  and  decisions  from  time  to  time  for  the  in- 
formation of  school  officers  and  teachers ;  and  his  decision  shall 
be  final  unless  set  aside  by  a  court  of  competent  jurisdiction. 

Fifteenth,  To  administer  oaths  and  affirmations  in  the  dis- 
charge of  his  official  duties. 


STATE  OF  WASHINGTON  13 

Sixteenth.  To  deliver  over  to  his  successor,  at  the  expira- 
tion of  his  term  of  office,  all  records,  books,  maps,  documents 
and  papers  of  whatever  kind  belonging  to  his  office,  or  which 
may  have  been  received  by  him  for  the  use  of  his  office. 

Seventeenth.  To  prepare  and  from  time  to  time  to  revise 
a  State  Manual  of  Washington,  which  shall  be  sold  at  actual 
cost  of  publication  and  distribution,  said  manual  to  contain 
a  sketch  of  the  history  of  the  state,  an  outline  of  the  constitu- 
tion of  the  state,  excerpts  from  the  school  code,  the  courses 
of  study  and  rules  for  the  general  government  of  the  common 
schools,  a  map  of  the  state,  and  a  map  of  the  topography  of 
the  state,  and  such  other  matter  as  the  State  Superintendent 
or  the  State  Board  of  Education  from  time  to  time  shall  de- 
termine. 

Eighteenth.  To  make  a  certified  copy  of  papers  filed  in 
his  office  and  of  his  official  acts,  attested  by  his  official  seal.  He 
shall  charge  for  such  certified  copy  fifteen  cents  per  folio,  and 
all  money  so  received  shall  be  immediately  paid  to  the  State 
Treasurer  and  credited  to  the  general  fund  of  the  state. 

Nineteenth.  To  perform  such  other  duties  as  may  be  re- 
quired by  law.     (L.  '09,  p.  231,  §  3;  Rem.  &  Bal.,  §  4307.) 

The  traveling  expenses  of  the  state  superintendent  should  be  paid  from  the 
appropriation  made  for  that  office.  If  there  are  no  funds  available  at  any  time, 
the  county  superintendent  is  authorized  to  pay  the  traveling  expenses  of  the 
state  superintendent  attending  a  county  teachers'  institute  and  to  pay  said  ex- 
penses from  the  county  institute  fund. — Lyle. 

6.     Assistants  and  deputy 

The  Superintendent  of  Public  Instruction  is  hereby  au- 
thorized to  appoint  one  Assistant  Superintendent  of  Public  In- 
struction, who  shall  be  the  holder  of  not  less  than  a  first  grade 
certificate ;  a  Deputy  Superintendent  of  Public  Instruction,  who 
shall  also  act  as  an  inspector  of  schools,  who  shall  be  the  holder 
of  not  less  than  a  first  grade  certificate;  a  stenographer,  and 
also  to  employ  such  other  assistance  as  the  needs  of  his  office 
shall  require  from  time  to  time,  and  for  the  payment  of  whose 
services  appropriations  shall  have  been  made  by  the  legislature 
of  this  state.     (L.  '09,  p.  234,  §  4;  Rem.  &  Bal.,  §  4308.) 


14  CODE  OF  PUBLIC  INSTRUCTION 

CHAPTER  3— STATE  BOARD  OF  EDUCATION 

7.  Personnel  of  the  board — How  appointed — Term  of  office 

The  State  Board  of  Education  shall  consist  of  the  Superin- 
tendent of  Public  Instruction,  the  president  of  the  University  of 
Washington,  the  president  of  the  State  College  of  Washington, 
the  principal  of  one  of  the  state  normal  schools  elected  by  the 
principals  of  the  state  normal  schools,  and  three  persons  holding 
life  diplomas  issued  under  the  authority  of  this  state  and  ac- 
tively engaged  in  educational  work,  appointed  by  the  Governor, 
one  of  whom  shall  be  a  superintendent  of  a  district  of  the  first 
class,  one  a  county  superintendent  of  schools,  one  a  principal 
of  a  fully  accredited  four-year  high  school. 

The  appointed  and  elected  members  of  the  board  shall  hold 
their  office  for  two  years  from  the  date  of  appointment  and  shall 
serve  until  their  successors  are  appointed  and  qualified.  (L.  '09, 
p.  234,  §  1 ;  Rem.  &  Bal.,  §  4309.) 

Vacancies,  how  filled.     See,  infra,  §  448,  Code  Pub.  Ins. 

8.  President  of 'the  board 

The  Superintendent  of  Public  Instruction  shall  be  ex-ofpcio 
president  of  the  board,  and  shall  furnish  all  necessary  record 
books  and  blanks  for  its  use,  and  shall  represent  the  board  in 
directing  the  work  of  high  school  inspection.  (L.  '09,  p.  235, 
§  2 ;  Rem.  &  Bal.,  §4310.) 

9.  Secretary  of  the  board 

The  Deputy  Superintendent  of  Public  Instruction  shall  be 
ex-ofpcio  secretary  of  said  board,  but  shall  not  be  entitled  to  a 
vote  in  its  proceedings.  He  shall  keep  a  correct  record  of  its 
proceedings  in  a  good  and  well-bound  book,  which  shall  be  kept 
in  the  office  of  the  Superintendent  of  Public  Instruction.  He 
shall  also,  upon  request,  furnish  to  the  executive  head  of  any  or 
all  of  the  state  institutions  of  higher  education  a  certified  copy 
of  such  proceedings.     (L.  '09,  p.  235,  §  3 ;  Rem.  &  Bal.,  §  4311.) 

10.  Annual   meeting — Expenses  of  the  board 

The  State  Board  of  Education  shall  hold  an  annual  meeting 
at  the  capital  of  the  state  on  the  third  Tuesday  of  June  of  each 


STATE  OF  WASHINGTON  15 

year,  and  may  hold  such  special  meetings  as  may  be  deemed  nec- 
essary for  the  transaction  of  public  business,  such  special  meet- 
ings to  be  called  by  the  Superintendent  of  Public  Instruction. 
The  persons  serving  as  members  of  the  State  Board  of  Educa- 
tion shall  be  reimbursed  for  the  actual  expenses  incurred  in  the 
performance  of  their  duties,  which  expenses  shall  be  paid  by  the 
State  Treasurer  on  warrants  of  the  State  Auditor,  out  of 
funds  not  otherwise  appropriated,  upon  the  certificate  of  the 
Superintendent  of  Public  Instruction :  Provided,  That  members 
of  the  board  who  are  not  under  salary  to  whom  special  committee 
work  is  assigned  shall  be  paid  for  such  services  five  dollars  per 
day.     (L.  '09,  p.  235,  §  4 ;  Rem.  &  Bal.,  §  4312.) 

11.     Powers  and  duties  of  the  board 

The  State  Board  of  Education  shall  have  power,  and  it  shall 
be  its  duty: 

First,  To  approve  the  preparatory  requirements  for  entrance 
to  the  University  of  Washington,  the  State  College  of  Wash- 
ington, and  the  State  Normal  Schools  of  Washington. 

Second.  To  approve  courses  for  the  state  normal  schools, 
for  the  department  of  education  of  the  University  of  Washing- 
ton, and  the  State  College  of  Washington,  and  for  all  normal 
training  departments  of  higher  institutions  within  the  State  of 
Washington  which  may  be  accredited  and  whose  graduates  may 
become  entitled  to  receive  teachers'  life  diplomas  or  professional 
certificates. 

Third.  To  investigate  the  character  of  the  work  required  to 
be  performed  as  a  condition  of  entrance  to  and  graduation  from 
normal  schools,  colleges,  universities  and  other  institutions  of 
higher  education  and  to  prepare  an  accredited  list  of  those 
higher  institutions  of  learning  of  this  and  other  states  whose 
graduates  may  be  awarded  teachers'  certificates  by  the  Superin- 
tendent of  Public  Instruction  without  examination  except  upon 
the  State  Manual  of  Washington :  Provided,  That  the  entrance 
and  graduation  requirements  of  all  colleges  and  universities 
whose  diplomas  are  accredited  must  be  equal  to  those  of  the 
University   of  Washington ;   and   the   requirements   for   normal 


16 


CODE  OF  PUBLIC  INSTRUCTION 


schools  shall  be  equal  to  the  advanced  course  of  the  state  normal 
schools  of  this  state. 

Fourth.  To  prepare  an  accredited  list  of  state  life  certifi- 
cates and  life  diplomas  issued  in  other  states  by  examination, 
upon  which  certificates  may  be  issued  in  this  state  without  ex- 
amination, except  in  Washington  State  Manual :  Provided,  That 
the  requirements  to  obtain  such  certificates  and  diplomas  must 
be  equal  to  the  requirements  for  a  life  certificate  in  this  state. 

Fifth.  To  examine  and  accredit  secondary  schools:  Pro- 
vided, That  no  private  academy  shall  be  placed  upon  the  ac- 
credited list  so  long  as  secret  societies  are  allowed  to  exist  among 
its  students. 

Sixth.  When  requested  by  any  institution  of  higher  learning 
situated  within  the  state  maintaining  a  normal  training  depart- 
ment the  board  shall  send  an  inspector,  qualified  for  such  serv- 
ice, to  examine  the  equipment  of  such  department  and  to  as- 
certain the  extent  and  character  of  the  courses  provided  and  the 
preparatory  requirements  for  admission  to  them,  which  re- 
quirements must  include  the  completion  of  a  high  school  course 
or  its  equivalent,  and  particularly  the  qualifications  and  exper- 
ience of  the  instructors  and  supervisors  who  are  responsible  for 
the  work  of  this  department. 

The  inspector  shall  make  a  detailed  report,  including  declara- 
tion of  his  opinion  of  the  adequacy  of  the  department  for  the 
work  of  educating  and  training  teachers,  which  report  shall  be 
placed  on  file  in  the  office  of  the  Superintendent  of  Public  In- 
struction. 

If  any  such  normal  training  department  is  ascertained  to  be 
equipped  and  manned  adequately  for  the  education  and  train- 
ing of  teachers  and  to  be  under  reliable  and  responsible  manage- 
ment and  upon  a  basis  of  efficiency  equal  to  that  of  the  normal 
schools  maintained  by  the  state,  it  shall  be  the  duty  of  the  board 
to  accredit  such  department  and  to  grant  life  diplomas  to  grad- 
uates who  present  diplomas  certifying  that  the  holders  have 
completed  the  courses  approved  by  the  board  when  the  appli- 
cants have  complied  with  the  other  requirements  for  life  diplo- 


STATE  OF  WASHINGTON  17 

mas.  It  shall  be  the  further  duty  of  the  board  to  inspect  all 
accredited  normal  training  departments  each  year. 

Seventh.  To  prepare  an  outline  course  or  courses  of  study 
for  the  primary,  grammar  and  high  school  departments  of  the 
common  schools,  and  to  prescribe  such  rules  for  the  general 
government  of  the  common  schools  as  shall  secure  regularity  of 
attendance,  prevent  truancy,  secure  efficiency  and  promote  the 
true  interests  of  the  common  schools. 

Eighth.  To  prepare  a  uniform  series  of  questions  to  be  used 
by  the  county  superintendents  in  the  examination  of  teachers, 
and  to  determine  rules  and  regulations  for  conducting  the  same, 
and  to  prepare  questions  for  the  examination  of  applicants  for 
state  elementary  certificates  and  life  diplomas. 

Ninth.  To  prepare  answers  to  all  examination  questions 
which  are  prepared  by  the  board. 

Tenth.  To  prepare  uniform  questions  for  use  in  the  ex- 
amination of  the  pupils  of  the  schools  of  the  state  completing 
the  grammar  school  course  of  study,  and  to  prescribe  uniform 
rules  and  regulations  for  the  conducting  of  such  examination. 

Eleventh.  To  hear  and  decide  appeals  as  provided  by  law. 
(L.  '09,  p.  326,  §  5;  Rem.  &  Bal.,  §  4313.) 

See,  supra,  §  5,  Code  Pubs.  Ins.,  appeals. 

See,  infra,  §  448,  Code  Pub.  Ins.,  vacancies. 

The  fact  that  a  course  of  study  prescribed  by  the  State  Board  of  Education 
was  inadvisable  is  immaterial  in  an  action  to  enjoin  a  county  board  from 
adopting  another  course  of  study,  as  the  courts  cannot  review  the  action  of  the 
state  board  except  for  fraud.     Rand,  McNally  &  Co.  v.  Hartranft,  32  Wash.  378. 

Where  a  board  of  education  is  by  law  constituted  a  tribunal,  from  which 
there  is  no  appeal,  for  the  trial  of  its  school  officers,  a  member  of  the  board  who 
has  caused  charges  to  be  preferred  against  a  school  superintendent  because  of 
personal  hostility  toward  him,  and  has  announced  a  determination  to  vote  against 
him,  whatever  the  evidence,  is  disqualified  to  sit  as  a  member  of  such  tribunal 
during  the  trial  of  the  superintendent,  and,  if  he  attempts  to  participate  as 
a  member  of  the  tribunal,  may  be  restrained  by  the  issuance  of  a  writ  of  pro- 
hibition.    State  ex  ret.  Barnard  v.  Board  of  Education,  19  Wash.  8. 

12.     Shall  unify  public  school  system 

The  board  shall  arrange  such  courses  and  adopt  and  enforce 
such  regulations  as  will  place  the  state  institutions  in  har- 
monious relations  with  the  common  schools  and  with  each  other, 
and  unify  the  work  of  the  public  school  system.  (L.  '09,  p.  238, 
§6;  Rem.  &  Bal.,  §4314.) 


18 


CODE  OF  PUBLIC  INSTRUCTION 


13.  Seal  of  the  board 

The  State  Board  of  Education  shall  adopt  a  seal,  which  shall 
be  kept  in  the  office  of  the  Superintendent  of  Public  Instruction. 
(L.  '09,  p.  238,  §  7 ;  Rem.  &  Bal.,  §  4315.) 

TITLE  II— HIGHER  AND  SPECIAL  INSTITUTIONS  OF  EDUCATION 
CHAPTER  1— UNIVERSITY  OF  WASHINGTON 

14.  Establishment  of 

The  State  University,  as  heretofore  located  and  established 
in  the  city  of  Seattle,  county  of  King,  shall  be  designated  and 
named  the  University  of  Washington.  (L.  '09,  p.  238,  §  1 ; 
Rem.  &  Bal.,  §  4316.) 

See,  infra,  §  538,  etc.,  Code  Pub.   Ins.,   University  funds. 
See,  infra,  §  601,  etc.,  Code  Pub.  Ins.,  University  lands. 
See,  infra,  §  465,  Code  Pub.  Ins.,  museum  of. 

15.  Aim  and  purpose 

The  aim  and  the  purpose  of  the  University  of  Washington 
shall  be  to  provide  for  students  of  both  sexes,  on  equal  terms,  a 
liberal  instruction  in  the  different  branches  of  literature,  science, 
art,  law,  medicine,  military  science  and  such  other  departments 
of  instruction  as  may  be  established  therein  from  time  to  time 
by  the  board  of  regents.  Tuition  in  the  University  of  Washing- 
ton, except  as  may  be  provided  by  the  board  of  regents  with 
reference  to  the  arts  or  to  special  courses  of  study,  shall  be  free 
to  all  bona  fide  residents  of  this  state.  Non-residents  of  this 
state  shall  be  admitted  to  the  said  university  on  such  terms  as 
may  from  time  to  time  be  prescribed  by  the  board  of  regents : 
Provided,  That  no  student  shall  be  admitted  to  any  department 
of  the  university  who  is  under  the  age  of  sixteen  years.  The 
said  university  shall,  as  far  as  practicable,  begin  its  course  of 
study  in  its  literary  and  scientific  departments  at  the  points 
where  the  same  are  completed  in  the  public  high  schools  of  this 
state.  No  student  shall  be  admitted  except  upon  examination 
satisfactory  to  the  faculty  of  the  university :  Provided,  however, 
That  students  shall  be  admitted  without  examination  upon  pre- 
sentation of  certificates  from  those  public  high  schools  and  other 
educational  institutions  in  this  state  whose  courses  of  study  shall 


STATE  OF  WASHINGTON  19 

have  been  approved  by  said  faculty  of  the  university,  and  ac- 
credited by  the  State  Board  of  Education :  Provided,  That  said 
faculty  shall  have  power  to  specify  the  preparation  required  for 
admission  to  any  department  of  the  university.  (L.  '09,  p.  238, 
§2;  Rem.  &  BaL,  §4317.) 

The  board  of  regents  cannot  impose  upon  students  of  the  university  (except 
law  students)   a  library  fee  of  $10  a  year. — Tannee. 

Under  a  franchise  granting  to  the  Seattle  Electric  Company  providing  that 
"School  children  going  to  and  from  school  shall  ride  for  half  fare"  the  words 
school  children  as  employed  in  the  franchise  include  only  those  who  are  com- 
monly referred  to  as  school  children,  not  students  of  the  universities  or  col- 
leges or  schools  where  a  particular  branch  of  work  is  pursued.  Such  students 
are  not  entitled  to  half  fare  rate  :  State  ex  rel.  Seattle  v.  Seattle  Electric  Co., 
29  Wash.  Dec.  153. 

16.  Board  of  regents — Term  of  office 

The  government  of  the  University  of  Washington  shall  be 
vested  in  a  board  of  regents  to  consist  of  seven  members,  who 
shall  be  appointed  by  the  Governor  of  the  state,  by  and  with 
the  advice  and  consent  of  the  senate,  and  who  shall  hold  their 
offices  respectively  for  a  term  of  six  years  from  the  second  Mon- 
day in  March  next  succeeding  their  appointment  and  until  their 
successors  shall  be  appointed  and  shall  qualify :  Provided,  That 
regents  now  serving  upon  such  board  shall  continue  as  such 
during  the  terms  for  which  they  were  respectively  appointed. 
Four  members  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business.  Whenever  there  shall  be  a  vacancy  in 
the  said  board  of  regents,  from  any  cause  whatever,  it  shall  be 
the  duty  of  the  Governor  to  fill  such  office  by  appointment,  and 
the  person  or  persons  so  appointed  shall  continue  in  office  until 
the  close  of  the  legislature  next  thereafter,  or  until  others  are 
appointed  and  qualified  in  their  stead.  Each  regent  before 
entering  upon  the  duties  of  his  office  must  qualify  by  taking  the 
usual  oath  of  office  before  some  officer  authorized  by  law  to  ad- 
minister the  same  and  file  a  copy  of  said  oath  with  the  Secretary 
of  State.     (L.  '09,  p.  239,  §  3;  Rem.  &  Bal.,  §  4318.) 

17.  Organization  of  board — Meetings 

The  board  shall  organize  by  electing  from  its  membership  a 
president  and  an  executive  committee,  of  which  committee  the 
president  shall  be  ex-ofpcio  chairman.  The  board  shall  hold  regu- 


20 


CODE  OF  PUBLIC  INSTRUCTION 


lar  quarterly  meetings,  and  during  the  interim  between  such 
meetings  the  executive  committee  may  transact  business  for  the 
whole  board:  Provided,  That  the  executive  committee  may  call 
special  meetings  of  the  whole  board  when  such  action  is  deemed 
necessary.     (L.  '09,  p.  240,  §  4;  Rem.  &  Bal.,  §  4319.) 

See  §  5396,  Rem.  &  Bal.,  president  a  member  of  the  geological  survey  board. 

18.     Powers  and  duties  of  regents 

The  board  of  regents  may  adopt  by-laws  or  rules  and  regu- 
lations for  its  own  government.  The  powers  and  duties  of  the 
board  of  regents  are  as  follows : 

First.  The  said  board  shall  have  full  control  of  the  univer- 
sity and  its  property  of  various  kinds,  and  shall  employ  the 
president,  members  of  the  faculty,  assistants  and  employes  of 
the  institution,  who  shall  hold  their  positions  during  the  pleas- 
ure of  said  board  of  regents. 

Second.  It  shall  be  the  duty  of  the  board  of  regents,  with  the 
assistance  of  the  faculty  of  the  university,  to  prescribe  the 
course  of  study  in  the  various  departments  of  the  institution 
and  to  publish  the  annual  catalogue. 

Third.  The  said  board  shall  grant  to  every  student,  upon 
graduation,  a  suitable  diploma  or  degree,  such  student  having 
been  recommended  for  such  honor  by  the  faculty.  The  board 
shall  also  have  power,  upon  recommendation  of  the  faculty,  to 
confer  the  usual  honorary  degrees  upon  other  persons  than 
graduates  of  this  university  in  recognition  of  their  learning  or 
devotion  to  literature,  art  or  science;  but  no  degree  shall  ever 
be  conferred  in  consideration  of  the  payment  of  money  or  other 
valuable  thing.  The  said  board  is  also  empowered,  upon  recom- 
mendation of  the  faculty,  to  grant  normal  diplomas,  which  shall 
entitle  the  holder  to  teach  in  any  public  school  in  the  state  for 
a  period  of  five  years ;  and  to  grant  university  life  diplomas  to 
candidates  who  shall  give  satisfactory  evidence  of  having  taught 
successfully  for  twenty-four  months:  Provided,  That  all  can- 
didates for  the  normal  diploma  and  life  diploma  shall  have  satis- 
factorily completed  not  less  than  twelve  semester  hours  in  the 
Department  of  Education. 


STATE  OF  WASHINGTON  %\ 

Fourth.  The  board  of  regents  is  authorized  to  receive  such 
bequests  and  gratuities  as  may  be  granted  to  the  said  univer- 
sity and  to  invest  or  expend  the  same  according  to  the  terms  of 
said  bequests  or  gratuities.  The  said  board  shall  adopt  proper 
rules  to  govern  and  protect  the  receipt  and  expenditure  of  the 
proceeds  of  all  fees,  bequests  or  gratuities,  and  shall  make  full 
report  of  the  same  in  the  customary  biennial  report  to  the 
Governor,  or  more  frequently,  if  required  by  law. 

Fifth.  The  board  of  regents  is  authorized  and  empowered  to 
give  and  execute,  on  behalf  of  the  State  of  Washington,  the 
bonds  and  other  papers  required  by  the  war  department  for  the 
safe  keeping  of  the  arms  and  equipments  loaned  by  the  United 
States  to  the  University  of  Washington. 

Sixth.  The  board  of  regents  shall  transmit,  on  the  first  day 
of  January  preceding  each  regular  session  of  the  legislature, 
to  the  Governor  a  printed  report  of  all  the  doings  since  their 
last  report,  not  exceeding  three  hundred  in  number,  giving  full 
information  of  the  receipt  and  expenditure  of  money,  furnish 
an  estimate  of  the  needs  of  the  institution,  and  give  such  infor- 
mation as  will  be  helpful  to  the  state  authorities  in  providing 
for  the  said  institution. 

Seventh.  The  members  of  said  board  of  regents  shall  serve 
without  compensation.  Each  regent,  however,  shall  be  paid  his 
actual  traveling  expenses  in  going  to  and  coming  from  any 
meeting  of  said  board,  and  such  claims  for  expenses  shall  be 
audited  on  vouchers  issued  by  the  president  and  secretary  of 
said  board  the  same  as  any  other  claims  are  audited.  (L.  '09, 
p.  240,  §  5;  Rem.  &  Bal.,  §  4321.) 

See,   infra,   §  606,   Code  Pub.   Ins.,   classification. 

See,  infra,  §  447,  Code  Pub.  Ins.,  authorized  to  apply  for  participation  in 
Carnegie  fund. 

See,  infra,  §  478,  Code  Pub.   Ins.,  authority  of  regents  to  expend  income. 

Professors  and  instructors  who  attend  county  institutes  and  give  lectures  at 
the  request  of  the  county  superintendent  may  receive  compensation. — Lyle. 

19.     Faculty 

The  faculty  of  the  University  of  Washington  shall  consist 
of  the  president  and  the  professors,  and  the  said  faculty  shall 


22 


CODE  OF  PUBLIC  INSTRUCTION 


have  charge  of  the  immediate  government  of  the  institution 
under  such  rules  as  may  be  prescribed  by  the  board  of  regents. 
(L.  '09,  p.  241,  §  6;  Rem.  &  Bal.,  §  4322.) 

Faculty  may  prohibit  fraternity  and  sorority  houses  from  occupying  adjacent 
houses  if  they  deem  it  necessary  for  the  welfare  of  the  students  and  university. 
— Tanner. 

20.  Non-sectarian 

The  University  of  Washington  shall  never  be  under  the  con- 
trol of  any  religious  or  sectarian  denomination  or  society  what- 
ever.    (L.  '09,  p.  242,  §  7;  Rem.  &  Bal.,  §  4323.) 

21.  Attorney  General   legal  advisor 

The  Attorney  General  of  the  state  shall  be  the  legal  advisor 
of  the  president  and  the  board  of  regents  of  the  university,  and 
he  shall  institute  and  prosecute  or  defend  all  suits  in  behalf  of 
the  same.     (L.  '09,  p.  242,  §  8;  Rem.  &  Bal.,  §  4324.) 

22.  Erection  of  buildings 

It  shall  be  the  duty  of  the  board  of  regents  herein  provided 
for,  as  soon  after  their  organization  as  practicable,  and  as  soon 
as  there  shall  be  an  appropriation  therefor  in  the  hands  of  the 
State  Treasurer  in  any  amount  sufficient  to  warrant  the  begin- 
ning the  erection  of  the  several  buildings  herein  provided  for, 
or  any  wing  or  section  of  the  same,  to  enter  into  contracts  with 
one  or  more  contractors  for  the  erection  and  construction  of 
such  suitable  buildings  and  improvements  for  the  institution 
created  by  this  chapter  as  in  their  judgment  shall  be  deemed 
best,  or  the  funds  aforesaid  shall  warrant,  all  things  considered ; 
such  contract  or  contracts  to  be  let  after  open  public  notice  and 
competition  under  such  regulations  as  shall  be  established  by 
said  board  to  the  person  or  persons  who  offer  to  execute  such 
work  on  the  most  advantageous  terms :  Provided,  That  in  all 
cases  said  board  shall  require  from  contractors  a  good  and  suf- 
ficient bond  for  the  faithful  performance  of  the  work,  and  the 
full  protection  of  the  state  against  mechanics'  and  other  liens : 
And  provided  further.  That  the  board  shall  net  have  the  power 
to  enter  into  any  contract  for  the  erection  of  any  buildings  or 
improvements  which  shall  bind  said  board  to  pay  out  any  sum 


STATE  OF  WASHINGTON  %g 


of  money  in  excess  of  the  amount  provided  for  said  purpose. 
(L.  '09,  p.  242,  §  9;  Rem.  &  Bal.,  §  4326.) 

The  meaning  of  "several  buildings  herein  provided  for"  is  not  clear,  as  this 
act  does  not  authorize  or  provide  for  any. 

23.  Mechanics  and  employes 

The  board  provided  for  in  this  chapter  shall  have  power  in 
their  discretion  to  employ  skilled  architects  and  superintendents 
to  prepare  plans  and  specifications,  and  to  supervise  the  con- 
struction of  any  of  the  buildings  provided  for  in  this  chapter, 
and  to  fix  the  compensation  for  such  services,  subject  to  the 
provisions  and  restrictions  of  this  act.  (L.  '09,  p.  242,  §  10; 
Rem.  &  Bal.,  §  4327.) 

See  note  to  last  section. 

24.  To  begin  building  when  funds  are  available 

Whenever  there  shall  be  any  money  in  the  hands  of  the  State 
Treasurer  to  the  credit  of  any  of  the  specific  funds  set  apart 
for  that  institution  created  by  this  chapter,  deemed  sufficient  by 
the  board  to  commence  the  erection  of  any  of  the  necessary 
buildings  or  improvements,  or  to  pay  the  necessary  running  or 
other  expenses  of  said  institution,  the  State  Auditor,  on  the 
request  in  writing  of  said  board,  shall,  and  it  is  hereby  made  his 
duty  to  draw  his  warrant  in  favor  of  the  treasurer  of  said 
board  and  upon  the  state  treasury  against  the  specific  fund  be- 
longing to  said  institution  in  such  sum  not  exceeding  the  amount 
on  hand  in  such  specific  fund  at  such  time  as  said  board  may 
deem  necessary :  Provided,  That  said  board  shall  draw  said 
money  as  it  may  be  necessary  to  disburse  the  same.  (L.  '09, 
p.  243,  §  11 ;  Rem.  &  Bal.,  §  4328.) 

CHAPTER  2— STATE  COLLEGE  OF  WASHINGTON 

25.  Establishment  and  purpose 

The  State  College,  Experiment  Station  and  School  of  Science 
of  the  State  of  Washington,  as  heretofore  located  at  Pullman, 
Whitman  county,  shall  be  an  institution  of  learning  open  to 
the  children  of  all  residents  of  this  state,  and  to  such  other 
persons  as  the  board  of  regents  may  determine,  under  such  rules 


g4  CODE  OF  PUBLIC  INSTRUCTION 


and  regulations  as  may  be  prescribed  by  the  board  of  regents ; 
shall  be  non-sectarian  in,  character,  and  devoted  to  practical  in- 
struction in  agriculture,  mechanical  arts,  and  natural  sciences 
connected  therewith,  as  well  as  a  thorough  course  of  instruc- 
tion in  all  branches  of  learning  upon  agricultural  and  other  in- 
dustrial pursuits. 

No  student  shall  be  admitted  except  upon  examination  satis- 
factory to  the  faculty  of  the  State  College:  Provided,  however, 
That  students  shall  be  admitted  without  examination  upon  pre- 
sentation of  certificates  from  those  public  high  schools  and 
other  educational  institutions  in  this  state  whose  courses  of 
study  shall  have  been  approved  by  said  faculty  of  the  State 
College  and  accredited  by  the  State  Board  of  Education:  Pro- 
vided further,  That  said  faculty  shall  have  power  to  specify  the 
preparation  required  for  admission  to  any  department  of  the 
State  College.     (L.  '09,  p.  243,  §  1 ;  Rem.  &  Bal.,  §  4333.) 

The  State  College  of  Washington  is  a  state  institution  :  State  ex  rel.  Johnson 
v.  Clausen,  51  Wash.  458. 

26.  Ex-officio  visitors 

The  Governor  of  the  State  of  Washington,  the  Superintend- 
ent of  Public  Instruction,  members  of  the  legislature,  and  county 
commissioners  shall  be  ex-officio  visitors  of  said  college.  But 
said  visitors  shall  have  no  power  granted  to  control  the  action 
of  the  board  of  regents  or  to  negative  its  duties  as  defined  by 
law.     (L.  '09,  p.  244,  §2;  Rem.  &  Bal.,  §  4334.) 

27.  Course  of  instruction 

The  course  of  instruction  of  said  college  shall  embrace  the 
English  language,  literature,  mathematics,  philosophy,  civil 
and  mechanical  engineering,  chemistry,  animal  and  vegetable 
anatomy  and  physiology,  the  veterinary  art,  entomology,  geol- 
ogy, political  economy,  rural  and  household  economy,  horticul- 
ture, moral  philosophy,  history,  mechanics,  and  such  other 
courses  of  instruction  as  shall  be  prescribed  by  the  board  of 
regents.  One  of  the  objects  of  said  college  shall  be  to  train 
teachers  of  physical  science,  and  thereby  further  the  applica- 
tion of  the  principles  of  physical  science  to  industrial  pursuits ; 


STATE  OF  WASHINGTON  25 

to  collect  information  as  to  schemes  of  technical  instruction 
adopted  in  other  parts  of  the  United  States  and  in  foreign 
countries,  and  to  hold  farmers'  institutes  at  such  times  and 
places  and  under  such  regulations  as  the  board  of  regents  may 
determine :  Provided,  That  no  student  shall  be  admitted  to  any 
department  of  the  State  College  who  is  under  the  age  of  sixteen 
years.     (L.  '09,  p.  244,  §  3 ;  Rem.  &  Bal.,  §  4335.) 

28.     Departments  of   instruction 

The  board  of  regents  shall  provide  that  all  instruction  given 
in  the  college  shall,  to  the  utmost  practicable  extent,  be  con- 
veyed by  means  of  practical  work  in  the  laboratory,  and  shall 
provide  in  connection  with  said  college  the  following  labora- 
tories :  One  physical  laboratory  or  more,  one  chemical  labora- 
tory or  more,  and  one  biological  laboratory  or  more,  and  suit- 
ably furnish  and  equip  the  same.  Said  board  of  regents  shall 
provide  that  all  male  students  shall  be  trained  in  military  tac- 
tics. Said  board  of  regents  shall  establish  a  department  of  ele- 
mentary science,  and  in  connection  therewith  provide  instruc- 
tion in  the  following  subj  ects :  Elementary  mathematics,  in- 
cluding elementary  trigonometry,  elementary  mechanics,  ele- 
mentary and  mechanical  drawing  and  land  surveying.  Said 
board  of  regents  shall  establish  a  department  of  said  college  to 
be  designated  as  the  department  of  agriculture,  and  in  connec- 
tion therewith  shall  provide  instruction  in  the  following  sub- 
jects: First.  Physics,  with  special  application  of  its  principles 
to  agriculture.  Second.  Chemistry,  with  special  application 
of  its  principles  to  agriculture.  Third.  Morphology  and  phy- 
siology of  plants,  with  special  reference  to  the  commonly  grown 
crops  and  their  fungus  enemies.  Fourth.  Morphology  and 
physiology  of  the  lower  forms  of  animal  life,  with  special  refer- 
ence to  insect  pests.  Fifth.  Morphology  and  physiology  of 
the  higher  forms  of  animal  life,  and  in  particular  of  the  horse, 
cow,  sheep  and  swine.  Sixth.  Agriculture,  with  special  refer- 
ence to  the  breeding  and  feeding  of  livestock,  and  the  best  mode 
of  cultivation  of  farm  produce.  Seventh.  Mining  and  metal- 
lurgy.     And  it   shall   appoint  demonstrators   in   each  of  these 


26  CODE  OP  PUBLIC  INSTRUCTION 

subjects,  to  superintend  the  equipment  of  a  laboratory  and  to 
give  practical  instruction  in  the  same.  Said  board  of  regents 
shall  establish  an  agricultural  experiment  station  in  connection 
with  the  department  of  agriculture  of  said  college,  appoint  its 
officers  and  prescribe  such  regulations  for  its  management  as  it 
may  deem  expedient.  Said  board  of  regents  may  establish 
other  departments  of  said  college,  and  provide  courses  of  in- 
struction therein,  when  those  are,  in  its  judgment,  required  for 
the  better  carrying  out  of  the  object  of  the  college.  (L.  '09,  p. 
244,  §  4;  Rem.  &  Bal.,  §  4336.) 

See,  infra,  §  34,  Code  Pub.  Ins.,  experiment  station  established  by  Congress. 
29.     Regents — Appointment  and  term  of  office — Bonds 

The  management  of  said  college  and  experiment  station,  the 
care  and  preservation  of  all  property  of  which  the  institution 
shall  become  possessed,  the  erection  and  construction  of  all 
buildings  necessary  for  the  use  of  said  college  and  station,  and 
the  disbursement  and  expenditure  of  all  money  provided  for  by 
this  chapter,  shall  be  vested  in  a  board  of  five  regents ;  said 
five  members  of  the  board  of  regents  shall  be  appointed  in  the 
manner  provided  by  law;  said  regents  and  their  successors  in 
office  shall  have  the  right  to  cause  all  things  to  be  done  neces- 
sary to  carry  out  the  provisions  of  this  chapter.  The  board  of 
regents  provided  for  in  this  chapter  shall  be  appointed  by  the 
Governor,  by  and  with  the  consent  of  the  senate,  one  for  a 
term  of  two  years,  two  for  a  term  of  four  years,  and  two  for  a 
term  of  six  years ;  and  each  regent  shall,  before  entering  upon 
the  discharge  of  his  respective  duties  as  such,  execute  a  good  and 
sufficient  bond  to  the  State  of  Washington,  with  two  or  more 
sufficient  sureties,  residents  of  the  state,  in  the  penal  sum  of  not 
less  than  five  thousand  dollars  ($5,000)  each,  conditioned  for 
the  faithful  performance  of  his  duties  as  such  regent :  Provided, 
That  all  appointments  made  to  fill  vacancies  caused  by  death, 
resignation  or  otherwise,  shall  be  for  the  unexpired  term  of  the 
incumbent  whose  place  shall  have  become  vacant.  All  other 
appointments  made  subsequent  to  the  appointment  of  the  first 
board  of  regents  provided  for  in  this  act  shall  be  for  the  term 


STATE  OF  WASHINGTON  eft 


of  six  years  and  until  the  appointment  and  qualification  of  a 
successor  to  each  appointee:  Provided  further,  That  regents 
now  serving  upon  such  board  shall  continue  as  such  during  the 
term  for  which  they  were  respectively  appointed.  (L.  '09,  p. 
245,  §5;  Rem.  &  Bal.,  §4337.) 

See,  infra,  §  447,  Code  Pub.  Ins.,  authorized  to  apply  for  participation  in 
Carnegie  fund. 

If  a  board  of  regents  stands  by  and  allows  a  succeeding  board  to  assume  and 
discharge  the  duties  of  such  office  without  question,  the  succeeding  board, 
although  illegally  appointed,  becomes  the  de  facto  board,  and  the  courts  should 
aid  it  in  obtaining  possession  of  the  funds  devoted  to  such  institution :  State 
ex  rel.  Stearns  v.  Smith,  9  Wash.  195. 

30.     Organization  of  board — Treasurer — Bonds 

The  board  of  regents  shall  meet  and  organize  by  the  election 
of  its  president  and  treasurer  from  their  own  number,  on  the 
first  Wednesday  in  April  of  each  year.  The  person  so  elected 
as  treasurer  shall,  before  entering  upon  the  discharge  of  his 
duties  as  such,  execute  a  good  and  sufficient  bond  to  the  State 
of  Washington  with  two  or  more  sufficient  sureties,  residents  of 
the  state,  in  the  penal  sum  of  not  less  than  forty  thousand  dol- 
lars ($40,000),  conditioned  for  the  faithful  performance  of  his 
duties  as  such  treasurer,  and  that  he  will  faithfully  account 
for  and  pay  over  to  the  person  or  persons  entitled  thereto  all 
moneys  which  shall  come  into  his  hands  as  such  officer,  which 
bond  shall  be  approved  by  the  Governor  of  the  state,  and  shall 
be  filed  with  the  Secretary  of  State.  The  president  of  the  col- 
lege shall  be  secretary  of  the  board  of  regents,  and  shall  per- 
form all  the  duties  pertaining  to  that  office,  but  shall  not  have 
the  right  to  vote.  The  secretary  shall  in  like  manner  as  the 
treasurer  give  a  bond  in  the  penal  sum  of  not  less  than  five 
thousand  dollars  ($5,000),  conditioned  for  the  faithful  per- 
formance of  his  duties  as  such  officer.  (L.  '09,  p.  246,  §  6 ; 
Rem.  &  Bal.,  §  4338.) 

The  election  by  a  de  facto  board  of  regents  of  one  of  their  number  as  treas- 
urer constitutes  him  treasurer,  and  entitles  him  to  the  funds  in  the  hands  of 
the  treasurer  of  the  preceding  board. — State  ex  rel.  Stearns  v.  Smith,  9  Wash. 
195. 

Moneys  received  by  the  treasurer  of  the  board  of  regents  of  the  state  college 
and  the  students'  fees  and  rents  from  sources  other  than  the  general  and  state 
government  are  not  a  part  of  the  state's  finances  to  be  paid  over  by  him  to  the 
state  treasurer  each  day,  although  such  college  is  a  state  institution  :  State  ex 
rel.  Johnson  v.  Clausen,  51  Wash.  548. 


28 


CODE  OF  PUBLIC  INSTRUCTION 


31.  Duties  of  president,  treasurer  and  secretary 

The  president  of  said  board  shall  be  the  chief  executive  of- 
ficer, shall  preside  at  all  meetings  thereof,  except  that  in  his 
absence  the  board  may  appoint  a  president  pro  tempore,  and 
sign  all  instruments  required  to  be  executed  by  said  board.  The 
treasurer  shall  be  the  financial  officer  of  said  board,  shall  keep 
a  true  account  of  all  moneys  received  and  expended  by  him.  The 
secretary  shall  be  the  recording  officer  of  said  board,  shall  attest 
all  instruments  required  to  be  signed  by  the  president,  and  shall 
keep  a  true  record  of  all  the  proceedings  of  said  board,  and  do 
all  other  things  required  of  him  by  said  board.  (L.  '09,  p.  247, 
§7;  Rem.  &  Bal.,  §4339.) 

32.  Regents  enact  by-laws 

The  regents  shall  have  the  power,  and  it  shall  be  their  duty, 
to  enact  laws  for  the  government  of  said  State  College,  Experi- 
ment Station  and  School  of  Science:  Provided,  The  board  of 
regents  shall  maintain  at  least  one  experimental  station  in  the 
western  portion  of  the  state.  (L.  '09,  p.  247,  §  8;  Rem.  &  Bal., 
§  4340.) 

33.  Regents  have  general  control  of  funds 

The  board  of  regents  shall  direct  the  disposition  of  any 
moneys  belonging  to  or  appropriated  to  the  Agricultural  Col- 
lege, Experiment  Station  and  School  of  Science,  established  by 
this  act,  and  shall  make  all  rules  and  regulations  necessary  for 
the  management  of  the  same,  adopt  plans  and  specifications  for 
necessary  buildings,  and  superintend  the  construction  of 
said  buildings,  and  fix  the  salaries  of  professors,  teachers  and 
other  employes,  and  tuition  fees  to  be  charged  in  said  college. 
(L.  '09,  p.  247,  §  9;  Rem.  &  Bal.,  §  4341.) 

34.  Experiment  station  established  by  Congress 

The  agricultural  experiment  station  provided  for  in  this 
act  in  connection  with  the  State  College  shall  be  under  the  di- 
rection of  said  board  of  regents  of  said  college  for  the  purpose 
of  conducting  experiments  in  agriculture  according  to  the  terms 
of  section  one  (1)   of  an  act  of  Congress  approved  March  2, 


STATE  OF  WASHINGTON  29 

1887,  and  entitled  "An  act  to  establish  agricultural  experiment 
stations  in  connection  with  the  colleges  established  in  the  sev- 
eral states,  under  the  provisions  of  an  act  approved  July  2, 
1862,  and  of  the  acts  supplementary  thereto."  The  said  col- 
lege and  experiment  station  shall  be  entitled  to  receive  all  the 
benefits  and  donations  made  and  given  to  similar  institutions  of 
learning  in  other  states  and  territories  of  the  United  States 
by  the  legislation  of  the  Congress  of  the  United  States  now  in 
force,  or  that  may  be  enacted,  and  particularly  to  the  benefits 
and  donations  given  by  the  provisions  of  an  act  of  Congress 
entitled  "An  act  donating  public  lands  to  the  several  states  and 
territories  which  may  provide  colleges  for  the  benefit  of  agri- 
cultural and  mechanic  arts,"  approved  July  2,  1862,  and  all 
acts  supplementary  thereto,  including  the  act  entitled  "An  act 
to  establish  agricultural  experiment  stations  in  connection  with 
colleges  established  in  the  several  cities  under  the  provisions  of 
an  act  approved  July  2,  1862,  and  of  the  acts  supplementary 
thereto,"  which  said  last  entitled  act  was  approved  March  2, 
1887 ;  also  "An  act  to  apply  a  portion  of  the  proceeds  of  the 
public  lands  to  the  more  complete  endowment  and  support  of 
the  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts, 
established  under  the  provisions  of  an  act  of  Congress  approved 
July  2,  1862,"  which  said  last  mentioned  act  was  approved 
August  30,  1890.     (L.  '09,  p.  247,  §  10;  Rem.  &  Bal.,  §  4342.) 

35.  Assent  to   Congressional   requirements 

The  assent  of  the  legislature  of  the  State  of  Washington  is 
hereby  given,  in  pursuance  of  the  requirements  of  section  nine 
(9)  of  said  act  of  Congress,  approved  March  2,  1887,  to  the 
granting  of  money  therein  made  to  the  establishment  of  experi- 
ment stations  in  accordance  with  section  one  (1)  of  said  last 
mentioned  act,  and  assent  is  hereby  given  to  carry  out,  within 
the  State  of  Washington,  every  provision  of  said  act.  (L.  '09, 
p.  248,  §  11 ;  Rem.  &  Bal.,  §  4343.) 

36.  Meetings  of  the  board  of  regents 

The  meetings  of  the  board  of  regents  may  be  called  in  such 
manner  as  the  board  may  prescribe,  and  the  majority  of  said. 


gQ  CODE  OF  PUBLIC  INSTRUCTION 

board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness;  but  a  less  number  may  adjourn  from  time  to  time.  No 
vacancy  in  said  board  shall  impair  the  rights  of  the  remaining 
board.  A  full  meeting  of  the  board  shall  be  called  at  least 
once  a  year.     (L.  '09,  p.  248,  §  12;  Rem.  &  Bal.,  §  4348.) 

37.  Regents  must  subscribe  to  oath 

Each  member  of  the  board  of  regents  created  by  this  chap- 
ter shall,  before  entering  upon  his  duties,  take  and  subscribe 
an  oath  to  discharge  faithfully  and  honestly  his  duties  in  the 
premises,  and  to  perform  strictly  and  impartially  the  same  to 
the  best  of  his  ability ;  said  oath  shall  be  filed  with  the  Secretary 
of  State.     (L.  '09,  p.  248,  §  13;  Rem.  &  Bal.,  §  4349.) 

38.  Expenses  of  regents 

The  regents  shall  be  allowed  their  actual  and  necessary  trav- 
eling expenses  in  going  to  and  returning  from  all  the  necessary 
sessions  of  the  board ;  and  also  their  necessary  expenses  while 
in  actual  attendance  upon  the  same.  (L.  '09,  p.  249,  §  14 ; 
Rem.  &  Bal.,  §  4350.) 

39.  Shall  make  annual  report  to  governor 

The  board  of  regents  shall,  on  or  before  the  first  day  of  No- 
vember of  each  year,  make  a  full  and  true  report  in  detail  of 
all  their  acts  and  doings  during  the  previous  year,  their  receipts 
and  expenditures,  the  exact  status  of  their  institution,  and 
other  information  they  may  deem  proper  and  useful,  or  which 
may  be  called  for  by  the  Governor,  which  said  report  shall  be 
made  to  the  Governor,  who  shall  transmit  the  same  to  the  suc- 
ceeding session  of  the  legislature.  A  copy  of  said  report  shall 
be  furnished  to  the  Superintendent  of  Public  Instruction.  (L. 
'09,  p.  249,  §  15;  Rem.  &  Bal.,  §  4351.) 

40.  Disbursement  of  funds 

The  treasurer  of  said  board  shall  make  disbursement  of  the 
funds  in  his  hands  on  the  order  of  the  board,  which  order  shall 
be  countersigned  by  the  secretary  of  the  board,  and  shall  state 


STATE  OF  WASHINGTON  31 

on  what  account  the  disbursement  is  made.  (L.  '09,  p.  249,  §  16 ; 
Rem.  &  Bal.,  §  4352.) 

See,  infra,  §  545,  Code  Pub.  Ins.,  funds. 

See,  infra,  §  550,  Code  Pub.  Ins.,  investment  of  funds. 

Superseded  by,  infra,  §  546,  Code  Pub.  Ins. 

41.  No  pecuniary  interest 

No  employe  or  member  of  the  board  created  by  this  chapter 
shall  be  interested  pecuniarily,  either  directly  or  indirectly,  in 
any  contract  for  any  building  or  improvement  of  said  institu- 
tion, or  for  the  furnishing  of  supplies  for  the  same.  (L.  '09, 
p.  249,  §  17;  Rem.  &  Bal.,  §  4353.) 

42.  Governor  ex-officio  member 

The  Governor  of  the  state  shall  be  ex-officio  advisory  mem- 
ber of  the  board  provided  for  in  this  chapter,  but  shall  not 
have  the  right  to  vote,  nor  be  eligible  to  office  therein.  .  (L.  '09, 
p.  249,  §  18;  Rem.  &  Bal.,  §  4354.) 

43.  Board  shall  grant  diplomas  and  degrees 

The  board  of  regents  shall  grant  to  every  student,  upon 
graduation,  a  suitable  diploma  or  degree,  such  student  having 
been  recommended  for  such  honor  by  the  faculty.  The  board 
shall  also  have  power,  upon  recommendation  of  the  faculty,  to 
confer  the  usual  honorary  degrees  upon  other  persons  than 
graduates  of  this  college  in  recognition  of  their  learning  or 
devotion  to  literature,  art  or  science;  but  no  degree  shall  ever 
be  conferred  in  consideration  of  the  payment  of  money  or  other 
valuable  thing.  The  said  board  is  also  empowered,  upon  rec- 
ommendation of  the  faculty,  to  grant  normal  diplomas  which 
shall  entitle  the  holder  to  teach  in  any  public  school  in  the 
state  for  a  period  of  five  years ;  and  to  grant  life  diplomas  to 
candidates  who  shall  give  satisfactory  evidence  of  having 
taught  successfully  for  twenty-four  (24)  months:  Provided, 
That  all  candidates  for  the  normal  diploma  and  life  diploma 
shall  have  satisfactorily  completed  not  less  than  twelve  semester 
hours  in  the  Department  of  Education.  (L.  '09,  p.  249,  §  19; 
Rem.  &  Bal.,  §4355.) 


gg  CODE  OP  PUBLIC  INSTRUCTION 

44.  Erection  of  buildings 

It  shall  be  the  duty  of  the  board  of  regents  herein  provided 
for,  as  soon  after  their  organization  as  practicable,  and  as 
soon  as  there  shall  be  an  appropriation  therefor  in  the  hands 
of  the  State  Treasurer  in  any  amount  sufficient  to  warrant  the 
beginning  the  erection  of  the  several  buildings  herein  provided 
for,  or  any  wing  or  section  of  the  same,  to  enter  into  contracts 
with  one  or  more  contractors  for  the  erection  and  construction 
of  such  suitable  buildings  and  improvements  for  the  institution 
created  by  this  chapter  as  in  their  judgment  shall  be  deemed 
best,  or  the  funds  aforesaid  shall  warrant,  all  things  consid- 
ered ;  such  contract  or  contracts  to  be  let  after  open  public 
notice  and  competition  under  such  regulations  as  shall  be  es- 
tablished by  said  board  to  the  person  or  persons  who  offer  to 
execute  such  work  on  the  most  advantageous  terms :  Provided, 
That  in  all  cases  said  board  shall  require  from  contractors  a 
good  and  sufficient  bond  for  the  faithful  performance  of  the 
work,  and  the  full  protection  of  the  state  against  mechanics' 
and  other  liens:  And  provided  further,  That  the  board  shall 
not  have  the  power  to  enter  into  any  contract  for  the  erection 
of  any  buildings  or  improvements  which  shall  bind  said  board 
to  pay  out  any  sum  of  money  in  excess  of  the  amount  provided 
for  said  purpose.     (L.  '09,  p.  250,  §  20;  Rem.  &  Bal.,  §  4356.) 

45.  To  employ  architects 

The  board  provided  for  in  this  chapter  shall  have  power  in 
their  discretion  to  employ  skilled  architects  and  superintend- 
ents to  prepare  plans  and  specifications,  and  to  supervise  the 
construction  of  any  of  the  buildings  provided  for  in  this  chap- 
ter, and  to  fix  the  compensation  for  such  services  subject  to  the 
provisions  and  restrictions  of  this  act.  (L.  '09,  p.  250,  §  21 ; 
Rem.  &  Bal.,  §  4357.) 

46.  State  Auditor  to  issue  warrants 

Whenever  there  shall  be  any  money  in  the  hands  of  the  State 
Treasurer  to  the  credit  of  any  of  the  specific  funds  set  apart 
for  that  institution  created  by  this  chapter,  deemed  sufficient 
by  the  board  to  commence  the  erection  of  any  of  the  necessary 


STATE  OF  WASHINGTON 


buildings  or  improvements,  or  to  pay  the  necessary  running 
or  other  expenses  of  said  institution,  and  any  proper  indebted- 
ness has  been  incurred,  the  State  Auditor  upon  receipt  of  prop- 
erly audited  vouchers  shall,  and  it  is  hereby  made  his  duty 
to  draw  his  warrants  for  the  payment  thereof  upon  the  State 
Treasurer  against  the  specific  fund  belonging  to  said  institu- 
tion in  such  sum,  not  exceeding  the  amount  on  hand  in  such 
specific  fund  at  such  time,  provided  proper  appropriations 
have  been  made  therefor.  (L.  '09,  p.  251,  §  22;  Rem.  &  Bal., 
§  4358.) 

CHAPTER  3— STATE  NORMAL  SCHOOLS 

47.  Establishment  and  corporate  title 

The  State  Normal  School  at  Cheney,  the  State  Normal 
School  at  Bellingham,  the  State  Normal  School  at  Ellensburg, 
and  such  other  state  normal  schools  as  may  hereafter  be  es- 
tablished, shall  each  be  under  the  management  and  control  of 
a  board  of  three  trustees,  to  be  known  as  "Board  of  Trustees 

of  the  State  Normal  School  at "     Said  trustees 

shall  be  appointed  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  senate.  (L.  '09,  p.  251,  §  1 ;  Rem.  &  Bal., 
§4360.) 

See,  infra,  §§  543,  550,  Code  Pub.  Ins.,  normal  school  funds. 

48.  Trustees — Appointment — Term  of  office 

All  trustees  of  the  state  normal  schools  serving  at  the  time 
of  the  passage  of  this  act  shall  continue  to  hold  their  respect- 
ive offices  as  such  trustees  for  the  full  term  for  which  they 
were  appointed;  and  thereafter  all  trustees  shall  be  appointed 
for  six  years,  except  in  cases  of  appointments  to  fill  vacancies, 
in  which  cases  the  appointment  shall  be  made  for  the  unexpired 
term  of  the  trustee  whose  office  has  become  vacant.  In  case 
of  the  establishment  of  any  additional  state  normal  schools, 
unless  otherwise  expressly  provided  by  law,  the  Governor  shall 
appoint  one  trustee  for  two  years,  one  for  four  years  and  one 
for  six  years.     (L.  '09,  p.  251,  §  2;  Rem.  &  Bal.,  §  4361.) 


34  CODE  OF  PUBLIC  INSTRUCTION 

49.  Officers — By-laws — Quorum 

Each  board  of  normal  school  trustees  shall  elect  one  of  its 
members  chairman,  and  it  shall  elect  a  secretary,  who  may  or 
may  not  be  a  member  of  the  board.  Each  board  shall  have 
power  to  adopt  by-laws  for  its  government  and  for  the  gov- 
ernment of  the  school,  which  by-laws  shall  not  be  inconsistent 
with  the  provisions  of  this  act,  and  to  prescribe  the  duties  of 
its  officers,  committees  and  employes.  A  majority  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business. 
(L.  '09,  p.  252,  §  3;  Rem.  &  Bal.,  §  4362.) 

50.  Trustees — Their  powers  and  duties 

Each  board  of  normal  school  trustees  shall  have  power,  and 
it  shall  be  its  duty :  First.  To  elect  a  principal  and  such  other 
teachers,  assistants  and  employes  as  the  necessities  of  the 
school  may  require  for  a  period  not  exceeding  four  years. 
Second.  For  good  and  lawful  reasons  to  discharge  any  or  all 
such  teachers  and  employes.  Third.  To  adopt  the  necessary 
text  books,  and  to  provide  books  of  reference  for  the  use  of 
students  and  teachers,  and  to  provide  for  the  proper  care  of 
the  same.  Fourth.  To  have  charge  of  the  erection  of  all 
buildings  pertaining  to  the  school,  unless  otherwise  expressly 
provided,  and  to  have  the  care  and  management  of  all  build- 
ings and  other  property  belonging  to  the  school.  Fifth.  To 
audit  all  accounts  against  the  school,  and  to  certify  all  bills, 
which  may  be  allowed,  to  the  State  Auditor,  who  shall  draw 
warrants  on  the  State  Treasurer  for  such  amounts  as  he  shall 
find  to  have  been  properly  or  legally  allowed.  Sixth.  To  pur- 
chase all  supplies  for  the  use  of  the  school,  to  provide  a  library 
suited  to  its  wants,  to  provide  for  lectures  on  subjects  per- 
taining to  education  and  the  art  or  science  of  teaching,  and 
to  do  such  other  things  not  forbidden  by  law  as  may  become 
necessary  for  the  good  of  the  school.  (L.  '09,  p.  252,  §  4; 
Rem.  &  Bal.,  §4363. 

The   trustees   of   a   state   normal    school    have    power   to    place   insurance   on 
buildings. — Lyle. 


STATE  OF  WASHINGTON  35 


51.  Boarding  houses 

Each  board  of  normal  school  trustees  shall  have  power  to 
establish  and  maintain  a  boarding  house  or  houses  for  the  ac- 
commodation of  students,  to  employ  a  matron  and  such  other 
assistance  as  may  become  necessary  to  conduct  the  same,  to 
make  such  rules  for  its  government  and  management  as  they 
may  deem  necessary,  and  to  charge  such  rates  for  board  and 
entertainment  as  will  make  such  boarding  house  or  houses  self- 
sustaining.     (L.  '09,  p.  252,  §  5 ;  Rem.  &  Bal.,  §  4364. 

52.  Meetings  of  board 

Each  board  of  normal  school  trustees  shall  hokktwo  regular 
or  stated  meetings  each  year,  at  such  times  as  may  be  provided 
in  its  by-laws,  and  such  special  meetings  shall  be  held  as  may 
be  deemed  necessary,  whenever  called  by  the  chairman  or  by  a 
majority  of  the  board.  (L.  '09,  p.  253,  §  6;  Rem.  &  Bal., 
§  4365.) 

53.  Duties  of  the  principal 

The  principal  each  state  normal  school  shall  have  a  general 
supervision  of  the  school,  shall  see  that  all  laws  and  rules  of  the 
board  of  trustees  are  observed  by  teachers  and  students,  that 
the  course  or  courses  of  study  prescribed  are  faithfully  pur- 
sued, shall  assign  students  to  their  proper  classes  or  grades, 
and  unless  otherwise  specially  provided,  he  shall  designate  the 
work  to  be  performed  by  each  teacher.  He  shall,  at  the  close 
of  each  school  year,  make  a  detailed  annual  report  to  the  board 
of  trustees,  containing  a  classified  catalogue  of  all  students 
that  have  been  enrolled  during  the  year,  and  such  other  in- 
formation as  he  may  deem  advisable  or  as  the  board  may  re- 
quire, and  it  shall  be  his  duty  to  superintend  the  printing  of 
the  same.  It  shall  also  be  his  duty,  when  required  by  the  board 
of  trustees,  to  attend  county  institutes  and  other  educational 
gatherings,  and  to  lecture  upon  educational  topics  that  are 
calculated  to  enhance  the  interests  of  popular  education  or  of 
his  school.  The  board  of  trustees  shall  audit  and  allow  all  his 
necessary  expenses  incurred  in  traveling.  (L.  '09,  p.  253,  §  7; 
Rem.  &  Bal.,  §  4366.) 


36 


CODE  OF  PUBLIC  INSTRUCTION 


54.  Model  school — Manual  training 

A  model  school  or  training  department  shall  be  provided  for 
each  state  normal  school  contemplated  by  this  act,  in  which 
all  students,  before  graduation,  shall  have  actual  practice  in 
teaching  for  not  less  than  eighteen  weeks  under  the  super- 
vision and  observation  of  critic  and  training  teachers.  A  man- 
ual training  department  for  each  school  under  its  control  shall 
also  be  provided,  and  a  suitable  teacher  employed  for  each. 
(L.  '09,  p.  253,  §  8;  Rem.  &  Bal.,  §  4367.) 

See,  infra,  §§  469,  470,  471,  Code  Pub.  Ins.,  number,  selection  and  attendance 
of  pupils. 

A  common  school,  within  Const.,  art.  IX,  §  2,  means  one  that  is  common  to  all 
children  of  proper  age  and  capacity,  free,  and  subject  to,  and  under  the  control 
of  the  qualified  voters  of  the  district :  School  District  v.  Bryan,  51  Wash.  498. 

55.  Diplomas  and  certificates 

Every  diploma  of  graduation  from  a  state  normal  school, 
or  certificate  issued  therefrom,  shall  be  signed  by  the  president 
of  the  board  of  trustees  and  by  the  principal  of  the  normal 
school  at  which  the  holder  graduated,  and  by  the  State  Super- 
intendent of  Public  Instruction;  and  all  diplomas  and  certifi- 
cates shall  be  stamped  with  the  seal  of  the  Stale  Superintendent 
of  Public  Instruction.  Every  diploma  and  certificate  shall 
specially  state  what  course  of  study  the  holder  has  taken,  and 
for  what  length  of  time  said  diploma  or  certificate  is  valid  as 
a  certificate  to  teach  in  the  schools  of  the  state.  (L.  '09,  p. 
254,  §  9;  Rem.  &  Bal.,  §  4372.) 

56.  Tuition  free 

No  charge  shall  be  made  against  any  student  for  tuition 
in  any  of  the  normal  schools  contemplated  by  this  act.  All 
students  shall  be  required  to  furnish  satisfactory  evidence  of 
good  moral  character,  and  any  student  may  be  suspended  or 
expelled  from  any  state  normal  school  contemplated  by  this 
act  who  is  found  to  be  immoral,  or  who  has  refused  to  comply 
with  its  rules  and  regulations  for  its  government.  (L.  '09,  p. 
254,  §  10;  Rem.  &  Bal.,  §  4373.) 


STATE  OF  WASHINGTON  37 

57.     Courses  of  study 

The  State  Board  of  Education  shall  prescribe  courses  of 
study  for  the  normal  schools  of  the  state  as  follows:  (1)  An 
elementary  course  of  two  years;  (2)  a  secondary  course  of  two 
years;  (3)  advanced  courses  of  two  and  three  years;  (4)  a 
complete  course  of  five  years;  (5)  an  advanced  course  of  one 
year  for  graduates  from  colleges  and  universities.  Upon  the 
satisfactory  completion  of  any  one  of  these  courses  a  student 
shall  be  awarded  an  appropriate  certificate  or  diploma  as  fol- 
lows:  Upon  the  completion  of  the  elementary  course,  a  cer- 
tificate to  be  known  as  an  elementary  normal  school  certifi- 
cate, which  shall  authorize  the  holder  to  teach  in  any  elemen- 
tary school  for  a  period  of  two  years;  upon  the  completion  of 
the  secondary  course  a  certificate  to  be  known  as  a  secondary 
normal  school  certificate,  which  shall  authorize  the  holder  to 
teach  in  the  common  schools  of  the  state  for  a  period  of  three 
years ;  upon  the  completion  of  any  advanced  course  a  diploma 
to  be  known  as  a  normal  school  diploma,  which  shall  author- 
ize the  holder  to  teach  in  the  common  schools  of  the  state  for 
a  period  of  five  years,  and  upon  satisfactory  evidence  of  having 
taught  successfully  for  three  years  such  person  shall  receive  a 
life  diploma  countersigned  by  the  Superintendent  of  Public 
Instruction.  Upon  the  completion  of  the  work  of  the  junior 
year  any  student  may  be  given  a  secondary  normal  school  cer- 
tificate by  vote  of  the  faculty:  Provided,  That  no  one  shall 
receive  a  diploma  or  secondary  normal  school  certificate  who 
has  not  attained  the  age  of  nineteen  years,  and  attended  the 
same  state  normal  school  one  full  school  year  of  thirty-six 
weeks:  Provided  further,  That  no  one  shall  receive  a  second- 
ary normal  school  certificate  or  a  normal  school  diploma  who  has 
not  given  evidence  of  ability  to  teach  and  govern  a  school  by 
successful  practice  in  the  training  department  for  a  period  of 
not  less  than  eighteen  weeks.  The  State  Board  of  Education 
shall  also  prescribe  uniform  terms  of  admission  to,  and  gradu- 
ation from,  the  state  normal  schools,  and  shall  define  the  quali- 
fications for  admission  to  each  of  the  several  courses.  (L.  '09, 
p.  254,  §  11 ;  Rem.  &  Bal.,  §  4374.) 


gg  CODE  OF  PUBLIC  INSTRUCTION 

58.  Text  books 

The  board  of  trustees  may  provide  out  of  the  funds  appro- 
priated for  the  purpose,  such  text-books  and  supplies  as  are 
needful  for  successfully  carrying  into  effect  the  courses  of  study 
prescribed.  Each  student  upon  admission  to  the  school  may 
be  required  to  pay  into  the  library  fund  of  the  school  a  sum 
not  to  exceed  ten  dollars,  one-half  of  which  shall  be  applied 
to  the  support  of  the  general  library  and  reading  room,  and 
the  remaining  half  shall  be  kept  as  indemnity  for  loss  or 
damage  of  books  belonging  to  the  school  in  the  hands  of  the 
student,  and  shall  be  returned  to  him  after  deducting  such 
amount  as  may  be  justly  charged  for  all  loss  or  damage  be- 
yond reasonable  wear.  (L.  '09,  p.  255,  §  12;  Rem.  &  Bal., 
§  4375.) 

59.  Requirements  for  admission 

No  person  shall  be  admitted  to  any  state  normal  school  as 
a  student,  who  has  not  attained  the  age  of  sixteen  years,  if  a 
male,  and  fifteen  years,  if  a  female,  nor  until  by  an  entrance 
examination  or  otherwise  he  or  she  shall  have  established  the 
fact  that  he  or  she  is  qualified  to  enter  some  one  of  the  grades 
or  courses  provided  for  in  the  course  of  study.  (L.  '09,  p.  255, 
§13;Rem.&  Bal.,  §4376.) 

60.  Annual  meeting  of  principals 

It  shall  be  the  duty  of  the  principals  of  the  several  state 
normal  schools  contemplated  by  this  act  to  meet  once  annu- 
ally to  consult  with  each  other  relative  to  matters  concerning 
their  school  work,  and  to  discuss  methods  of  teaching  and 
plans  of  management.  (L.  '09,  p.  256,  §  14;  Rem.  &  Bal., 
§  4377.) 

61.  Biennial  report  of  trustees 

Each  board  of  normal  school  trustees  shall  biennially  on  or 
before  the  first  day  of  October  next  preceding  each  regular 
session  of  the  state  legislature  of  this  state,  make,  through  its 
secretary,  a  report  to  the  Governor  of  the  state,  which  report 
shall  be  included  with  and  constitute  a  part  of  the  biennal  re- 


STATE  OF  WASHINGTON  39 

port  of  the  Superintendent  of  Public  Instruction.  Said  nor- 
mal school  reports  shall  embrace  a  statement  of  the  receipts 
and  expenditures  of  the  schools,  and  the  purpose  for  which 
all  moneys  have  been  expended;  a  classified  catalogue  of  all 
students  enrolled  in  each  of  said  schools;  a  directory  of  all 
graduates  of  each  school  properly  classified;  the  course  or 
courses  of  study  pursued  in  the  several  schools,  and  such  other 
information  as  may  be  deemed  advisable.  (L.  '09,  p.  %56, 
§  15;  Rem.  &  Bal.,  §  4378.) 

62.  Trustees  to  have  no  pecuniary  interest  in  contract 

No  normal  school  trustee  shall  be  awarded  any  contract  for 
the  erection,  repair  or  the  furnishing  of  any  building  belong- 
ing to  any  state  normal  school  contemplated  by  this  act,  nor 
for  the  furnishing  of  supplies  or  materials  for  the  same;  and 
no  such  trustee  shall  act  as  agent  for  any  publishing  house 
proposing  to  furnish  books  for  such  school.  Any  trustee  who 
shall  violate  any  of  the  above  named  provisions  shall,  upon 
conviction  thereof,  be  fined  in  any  sum  not  exceeding  five  hun- 
dred dollars,  and  his  office  as  such  trustee  shall  be  declared 
vacant.     (L.  '09,  p.  256,  §  16;  Rem.  &  Bal.,  §  4379.) 

CHAPTER  4— WASHINGTON  STATE  TRAINING  SCHOOL 

63.  Name  of  school 

The  reform  school  at  Chehalis,  in  Lewis  county,  shall  be 
known  as  the  Washington  State  Training  School.  (L.  '09,  p. 
256,  §  1;  Rem.  &  Bal.,  §  4380.) 

See,  infra,  §  517,  Code  Pub.  Ins.,  establishment. 

See,  infra,  §  503,  Code  Pub.  Ins.,  establishment  of  girls'  training  school. 

Const.,  art.  IX,  §  2,  limits  the  public  school  system  to  "common  schools,  and 
such  high  schools,  normal  schools  and  technical  schools  as  may  be  hereafter 
established." 

The  legislature  has  not  regarded  training  schools  as  one  of  its  "educational 
institutions." 

This  chapter  does  not  harmonize  with  other  general  laws  on  this  subject. 

64.  Purposes  of  school 

The  said  school  shall  be  for  the  keeping  and  reformatory 
training  of  all  youths  between  the  ages  of  eight  and  eighteen 
years  who  are  residents  of  the  State  of  Washington  and  who 


40 


CODE  OF  PUBLIC  INSTRUCTION 


are  comimtted  to  said  institution  by  a  court  of  competent  juris- 
diction.    (L.  '09,  p.  256,  §  2;  Rem.  &  Bal.,  §  4381.) 

See,  infra,  §  518,  Code  Pub.  Ins.,  purpose. 

65.  Causes  for  commitment 

When  a  boy  of  sane  mind  between  the  ages  of  eight  and 
sixteen  years  or  a  girl  of  sane  mind  between  the  ages  of  eight 
and  eighteen  (18)  years  shall,  in  any  court  of  record  in  this 
state,  be  found  guilty  of  any  crime  except  murder,  or  man- 
slaughter, or  highway  robbery,  or  who  for  want  of  proper 
paternal  care  is  growing  up  in  mendicancy  or  vagrancy,  or 
is  incorrigible,  or  has  been  expelled  from  a  public  school,  and 
complaint  thereof  is  made  and  properly  sustained,  the  court 
may  if  in  its  opinion  the  accused  is  a  proper  subject  therefor, 
instead  of  entering  judgment  cause  an  order  to  be  entered 
that  said  boy  or  girl  be  sent  to  the  State  Training  School,  in 
pursuance  of  the  provisions  of  this  act,  and  a  copy  of  said 
order  under  seal  of  said  court  shall  be  sufficient  warrant  for 
carrying  said  boy  or  girl  to  the  said  school  and  for  his  or  her 
commitment  to  the  custody  of  the  superintendent  thereof.  (L. 
'09,  p.  257,  §  3;  Rem.  &  Bal.,  §  4382.) 

This  section  not  in  harmony  with  §§  1980  and  2276,  Rem.  &  Bal.  Code. 
Age  of  discharge  fixed  at  twenty-one  years  for  both  sexes.      (L.  '13,  p.  345, 
5  3.) 

66.  To  be  managed  by  Board  of  Control 

The  State  Board  of  Control  shall  have  full  charge  of  the 
management  of  the  said  State  Training  School.  It  shall  have 
power  to  adopt  rules  and  regulations  for  its  government,  and 
shall  prescribe,  in  a  manner  consistent  with  the  provisions  of 
the  laws  of  this  state,  the  duties  of  the  persons  connected  with 
the  management  of  the  institution.  (L.  '09,  p.  257,  §  4; 
Rem.  &  Bal.,  §  4383.) 

67.  The  superintendent 

The  State  Board  of  Control  shall  employ  a  competent  per- 
son who  shall  be  known  as  the  Superintendent  of  the  Wash- 
ington State  Training  School.  He  shall  be  the  executive  head 
of  the  said  institution,  and  he  shall  hold  his  office  during  the 


STATE  OF  WASHINGTON  41 

pleasure  of  the  State  Board  of  Control.     (L.  '09,  p.  257,  §  5; 
Rem.  &  Bal.,  §  4384.) 

This  section  conflicts  with  §  8936,  Rem.  &  Bal.  Code,  providing  for  a  four  year 
term  of  office. 

See,  supra,  §  5,  Code  Pubs  Ins.,  annual  report  to  State  Superintendent. 

68.  Superintendent  may  appoint  assistants 

The  superintendent  of  the  said  State  Training  School  shall 
have  power  to  appoint  all  assistants  and  employes  required 
for  the  management  of  the  institution  placed  in  his  charge, 
the  number  of  said  assistants  and  employes  to  be  determined 
and  fixed  by  the  State  Board  of  Control.  The  superintendent 
may  at  his  pleasure  discharge  any  person  therein  employed. 
(L.  '09,  p.  257,  §  6;  Rem.  &  Bal.,  §  4385.) 

69.  Branches  to  be  taught 

All  branches  taught  in  the  first  eight  grades  of  the  public 
schools  shall  be  taught  in  the  State  Training  School.  The 
inmates  shall  be  taught  and  trained  in  morality,  temperance, 
frugality,  and  they  shall  also  be  instructed  in  the  different 
trades  and  callings  of  the  two  sexes,  as  far  as  possible,  in  the 
scope  of  the  institution.  (L.  '09,  p.  257,  §  7;  Rem.  &  Bal., 
§  4386.) 

See,  infra,  §  525,  Code  Pub.  Ins.,  curriculum. 

CHAPTER  5— STATE   SCHOOL  FOR   BLIND   AND   STATE   SCHOOL 

FOR  DEAF 

70.  To  be  managed  by  Board  of  Control 

The  State  School  for  the  Deaf  and  the  Blind  at  Vancouver 
shall  be  under  the  direction  of  the  State  Board  of  Control,  and 
the  funds  for  its  maintenance  shall  be  appropriated  by  the 
legislature  of  the  State  of  Washington.  (L.  '09,  p.  258,  §  1 ; 
Rem.  &  Bal.,  §  4387.) 

See,  infra,  §  79%,  Code  Pub.  Ins.,  establishment  of  State  School  for  Blind 
and  State  School  for  Deaf. 

See,  infra,  §  191,  subdiv.  4,  Code  Pub.  Ins..  schools  for  defective  youth  in 
districts  of  first  class. 

71.  The  annual  term 

The  regular  term  of  said  school  shall  begin  on  the  second 
Wednesday  of  September,  and  close  on  the  second  Wednesday 


4g  CODE  OF  PUBLIC  INSTRUCTION 


of  the  following  June.      (L.  '09,  p.  258,   §   2;  Rem.  &  Bal., 
§  4388.) 

72.  Tuition  to  be  free 

The  institution  shall  be  free  to  residents  of  the  State  of 
Washington  who  are  between  the  ages  of  six  and  twenty-one 
years,  and  who  are  deaf  and  blind,  or  either  deaf  or  blind: 
Provided,  That  they  are  free  from  loathsome  or  contagious 
diseases.     (L.  '09,  p.  258,  §  3;  Rem.  &  Bal.,  §  4389.) 

Pupils  do  not  need  to  reside  in  the  district  where  a  school  for  defective 
youth  is  maintained. — Tanner. 

73.  May  admit  persons  from  other  states 

The  State  Board  of  Control  may  admit  to  this  school  deaf 
or  blind  children  from  other  states,  but  the  parents  or  guar- 
dians of  such  children  will  be  required  to  pay  annually  or 
quarterly  in  advance  a  sufficient  amount  to  cover  the  cost  of 
maintaining  and  educating  such  children.  (L.  '09,  p.  258, 
§  4;  Rem.  &  Bal.,  §  4390.) 

74.  Qualifications  of  superintendent 

The  superintendent  shall  be  appointed  by  the  State  Board 
of  Control,  for  a  term  of  four  years,  subject  to  removal  at  the 
discretion  of  the  Board  of  Control.  Said  superintendent  must 
be  not  less  than  30  nor  more  than  70  years  of  age  and  must  be 
practically  acquainted  with  the  school  management  and  class 
instruction  of  the  deaf  and  the  blind,  having  had  at  least  ten 
years  actual  experience  in  teaching  in  schools  for  the  deaf  and 
the  blind.  The  superintendent  shall  have  power  to  appoint 
all  subordinates.  The  State  Board  of  Control  shall  have  power 
to  fix  the  number  of  employes  and  the  salary  paid  each  and 
may  discharge  any  employe  at  its  discretion.  (L.  '09,  p.  258, 
§  5;  Rem.  &  Bal.,  §  4391.) 

75.  School  clerks  must  report 

It  shall  be  the  duty  of  the  clerks  of  all  school  districts  in  the 
State  of  Washington  at  the  time  for  making  the  annual  re- 
ports to  report  to  the  school  superintendent  of  their  respective 
counties  the  names  of  all  deaf,  mute,  or  blind  youth  residing 


STATE  OF  WASHINGTON  43 

within  their  respective  districts  who  are  between  the  age  of  six 
and  twenty-one  years.  (L.  '09,  p.  258,  §  6;  Rem.  &  Bal., 
§  4392.) 

76.  Report  of  county  superintendent 

It  shall  be  the  duty  of  each  county  school  superintendent  to 
make  a  full  and  specific  report  of  such  deaf,  mute  or  blind 
youth  to  the  county  commissioners  of  his  county  at  the  regular 
meeting  of  said  commissioners  held  in  August  in  each  year. 
He  shall  also,  at  the  same  time,  transmit  a  duplicate  copy  of 
said  report  to  the  State  Board  of  Control  and  the  Superin- 
tendent of  the  School  for  the  Deaf  and  the  Blind.  (L.  '09,  p. 
259,  §  7;  Rem.  &  Bal.,  §  4393.) 

77.  County  superintendents  to  enforce  attendance 

It  shall  be  the  duty  of  the  parents  or  the  guardians  of  all 
such  deaf  or  blind  youth  to  send  them  each  year  to  the  said 
State  School  for  the  Deaf  and  the  Blind.  The  county  super- 
intendent shall  take  all  action  necessary  to  enforce  this  sec- 
tion or  [of]  this  act:  Provided,  That  if  satisfactory  evidence 
shall  be  laid  before  the  county  superintendent  that  any  deaf  or 
blind  youth  is  being  properly  educated  at  home  or  in  some  suit- 
able institution  other  than  the  State  School  for  the  Deaf  and 
the  Blind,  the  county  superintendent  shall  take  no  other  action 
in  such  case  further  than  to  make  a  record  of  such  fact,  and 
take  such  steps  as  may  be  necessary  to  satisfy  himself  that 
such  defective  youth  shall  continue  to  receive  a  proper  educa- 
tion.    (L.  '09,  p.  259,  §  8;  Rem.  &  Bal.,  §  4394.) 

78.  In  certain  cases  county  to  bear  expense  of  transportation 

If  it  appears  to  the  satisfaction  of  the  county  commissioners 
that  the  parents  of  any  such  deaf  or  blind  youth  within  their 
county  are  unable  to  bear  the  expense  of  sending  and  returning 
them  to  said  state  school,  it  shall  then  be  the  duty  of  the  com- 
missioners to  send  and  return  them  to  and  from  said  school  or 
to  maintain  them  at  said  school  during  vacation  at  the  ex- 
pense of  the  county.  (L.  '09,  p.  259,  §  9 ;  Rem.  &  Bal.,  §  4395.) 


44  CODE  OF  PUBLIC  INSTRUCTION 


79.  Penalty  for  neglect  of  duty 

Any  parent,  guardian,  school  superintendent  or  county  com- 
missioner who  shall,  without  a  proper  cause,  fail  to  carry  into 
effect  the  provisions  of  this  act,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  upon  the  complaint 
of  any  officer  or  citizen  of  the  county  or  state,  before  any  jus- 
tice of  the  peace  or  superior  court,  shall  be  fined  in  any  sum 
not  less  than  fifty  nor  more  than  two  hundred  dollars,  in  the 
discretion  of  the  court.  (L.  '09,  p.  259,  §  10;  Rem.  &  Bal., 
§  4395l/2.) 
79l/2.     State  School  for  Blind  and  State  School  for  Deaf 

Upon  the  taking  effect  of  this  act,  the  State  School  for  the 
Deaf  and  Blind  at  Vancouver  shall  be  divided  into  two  institu- 
tions, one  for  the  blind  to  be  known  as  the  State  School  for  the 
Blind,  and  one  for  the  deaf  to  be  known  as  the  State  School  for 
the  Deaf,  each  of  said  institutions  to  be  located  at  Vancouver. 
The  State  Board  of  Control  shall  appoint  a  superintendent  for 
each  institution.  All  provisions  of  law  relating  to  the  State 
School  for  the  Deaf  and  Blind  shall,  so  far  as  the  same  are  ap- 
plicable, govern  the  management  of  the  State  School  for  the 
Deaf  and  the  State  School  for  the  Blind  hereby  created.  (L. 
'13,  p.  6,  §  1.) 

CHAPTER  6— STATE  INSTITUTION  FOR  FEEBLE  MINDED 

80.  To  be  managed  by  Board  of  Control 

The  State  Institution  for  Feeble  Minded  now  located  at 
Medical  Lake  shall  be  under  the  direction  of  the  State  Board 
of  Control,  and  funds  for  its  maintenance  shall  be  appropriated 
by  the  legislature  of  the  State  of  Washington.  (L.  '09,  p.  260, 
§  1;  Rem.  &  Bal.,  §  4397.) 

The  following  sections  superseded  the  laws  of  1909.  Change  of  name  was 
vetoed. 

Under  the  control  of  the  State  Board  of  Control. 

See,  infra,  §§  477,  478,  Code  Pub.  Ins.,  establishment,  location. 

S0Y2     Who  may  be  admitted 

The  State  School  and  Colony  shall  be  free  to  residents  of  the 

State  of  Washington  under  the  age  of  twenty-one  years  who 

are  feeble  minded,  idiotic  or  epileptic,  or  who  are  physically  de- 


STATE  OP  WASHINGTON  4,5 


fective  to  such  extent  as  to  prevent  them  from  being  educated 
in  the  common  schools;  Provided,  That  they  are  free  from 
contagious  diseases.     Admission  may  be  applied  for  as  follows  : 

First.  By  the  father  or  mother,  if  father  and  mother  are 
living  together. 

Second.  If  father  and  mother  are  not  living  together,  then 
by  the  one  having  the  custody  of  the  child. 

Third.     By  the  guardian  duly  appointed. 

Fourth.  By  the  superintendent  or  other  officer  having 
charge  of  any  institution  or  asylum  where  children  are  cared 
for. 

Fifth.  By  county  superintendents  of  schools  and  boards  of 
county  commissioners. 

Sixth.     By  juvenile  courts  under  an  order  of  commitment. 

Under  items  three,  four,  five  and  six  consent  of  parents  is  not 
required.     (L.  '13,  p.  598,  §  2.) 

Name  remains  the  State  Institution  for  Feeble  Minded. 

81      May  admit  children  from  other  states 

The  State  Board  of  Control  may  admit  to  this  institution 
feeble-minded  children  from  other  states,  but  the  parents  or 
guardians  of  such  children  must  be  required  to  pay  annually 
or  quarterly  in  advance  a  sufficient  amount  to  cover  the  cost  of 
maintaining  and  educating  such  children.  (L.  '09,  p.  260,  §  3 ; 
Rem.  &  BaL,  §  4400.) 

The  force  of  this  section  is  doubtful,  as  it  was  not  included  in  the  1913  law. 
81 1/2     Form  of  application 

The  form  of  application  for  admission  into  said  State  School 
and  Colony  and  the  necessary  checks  against  improper  admission 
shall  be  such  as  the  board  of  control  may  prescribe  and  each 
application  shall  be  accompanied  by  answers  under  oath  to  such 
interrogatories  as  the  said  board  shall  prescribe,  and  county 
superintendents  of  schools  are  hereby  authorized  to  administer 
oaths  in  such  cases.  (L.  '13,  p.  598,  §  3.) 
82.     County  superintendents  to  approve  application 

County  superintendents  of  schools  shall  cause  to  be  filled  out 
the  prescribed  blank  applications  for  admission  for  such  children 


46  CODE  OF  PUBLIC  INSTRUCTION 

in  their  respective  districts,  who  by  reason  of  mental  or  physical 
defects  are  incapable  of  receiving  instruction  in  the  common 
schools  of  this  state,  or  whose  habits  are  such  as  to  render 
them  unfit  for  companionship  with  normal  children,  except  such 
as  in  the  judgment  of  the  county  superintendent  are  receiving 
proper  care  and  education  and  are  being  safely  kept  at  home. 
All  applications  for  admission  of  defectives  under  twenty-one 
years  of  age  except  those  committed  by  the  juvenile  court, 
shall  be  made  through  the  county  superintendent  of  schools, 
who  shall  keep  a  record  of  such  and  certify  to  the  board  of 
county  commissioners  all  applications  that  are  accepted  by  the 
superintendent  of  the  State  School  and  Colony.  (L.  '13,  p. 
598,  §  4.) 

82^>.     School  officers  to  report  defectives 

It  shall  be  the  duty  of  the  clerks  of  all  school  districts  in  the 
State  of  Washington,  at  the  time  for  making  the  annual  re- 
ports, to  report  to  the  school  superintendent  of  their  respective 
counties,  the  names  and  addresses  of  all  feeble  minded  youths 
residing  within  their  respective  districts,  who  are  under  the  age 
of  twenty-one  years.  And  each  county  school  superintendent 
shall  make  a  full  report  of  such  defective  youth  to  the  county 
commissioners  of  their  respective  counties  at  their  regular 
August  meeting  of  each  year,  transmitting  a  copy  of  said  report 
to  the  State  Board  of  Control  and  the  superintendent  of  the 
State  School  and  Colony.     (L.  '13,  p.  599,  §  5.) 

83.     Parents  to  send  defective  children 

Upon  notification  by  the  superintendent  of  the  State  School 
and  Colony,  of  acceptance  of  application  for  admission,  it  shall 
be  the  duty  of  the  parents  or  the  guardian  of  such  defective 
youth  to  send  them  to  said  institution  and  the  county  superin- 
tendent of  schools  shall  take  all  action  necessary  to  enforce 
this  section  of  this  act.     (L.  '13,  p.  599,  §  6.) 

8V/2     County  to  pay  expense,  when 

If  it  appears  to  the  satisfaction  of  the  county  commissioners 
that  the  parents  of  any  such  defective  youth  who  have  been  ac- 


STATE  OF  WASHINGTON  47 

cepted  for  admission  are  unable  to  pay  the  expense  of  sending 
them  to  the  said  institution,  it  shall  be  the  duty  of  the  commis- 
sioners to  send  them  at  the  expense  of  the  county.     (L.  '13,  p. 
599,  §  7.) 
84.     Patients  may  be  held  after  majority 

Inmates  arriving  at  the  age  of  twenty-one  years  while  in  the 
institution,  and  who,  in  the  judgment  of  the  superintendent,  are 
unfit  to  be  discharged,  shall  be  reported  to  the  superior  court 
of  competent  jurisdiction,  which  court,  after  due  examination 
and  finding  the  case  a  proper  subject  for  institutional  care,  may 
issue  an  order  of  commitment  to  said  State  School  and  Colony. 
(L.  '13,  p.  599,  §  8.) 
84J/2     Feeble  minded  adults  may  be  admitted 

Adults  under  fifty  years  of  age  who  may  be  determined  to  be 
feeble  minded,  and  who  are  of  such  inoffensive  habits  as  to  make 
them  proper  subjects  for  classification,  education  and  discipline 
in  an  institution  for  feeble  minded,  may  be  admitted  free  upon 
pursuing  the  same  course  of  legal  commitment  as  governs  ad- 
mission to  the  hospitals  for  insane;  but  no  insane  persons,  or 
those  who  are  proper  subjects  for  county  poor  farms,  hospitals 
or  asylums,  or  cases  of  senile  dementia,  shall  be  admitted  to  the 
State  School  and  Colony.)  (L.  '13,  p.  600,  §  9.) 
85     Period  of  detention 

The  superintendent  of  the  State  School  and  Colony  shall  de- 
tain inmates  admitted  to  the  institution  until  satisfied  that  they 
are  in  normal  condition  and  safe  and  competent  to  be  at  large, 
or  that  they  can  receive  proper  care  and  education  at  the  home 
of  relatives,  or  in  some  other  home  or  institutions.  In  such 
cases,  or  for  other  good  and  sufficient  reasons,  he  may  grant  dis- 
charges ;  or,  in  his  discretion,  permit  inmates  to  visit  their  homes 
for  stated  periods,  upon  request  of  parents  or  guardians  ap- 
proved by  the  county  superintendent  of  schools.  (L.  '13,  p. 
600,  §  10.) 

S5y2     Child  may  be  entered  under  tuition  fee 

Any  parent  or  guardian  who  may  wish  to  enter  a  child  in  said 
institution  and  pay  all  expenses  of  care  and  maintenance,  may 


4g  CODE  OF  PUBLIC  INSTRUCTION 

do   so   under  terms,   rules   and   regulations   prescribed   by   the 
Board  of  Control.     (L.  '13,  p.  600,  §11.) 

86  Cost  of  clothing  to  be  charged  to  estate 

When  not  otherwise  provided,  the  superintendent  shall  pro- 
vide the  inmates  with  suitable  clothing,  the  actual  cost  of 
which  shall  be  a  charge  against  the  parents,  guardian  or  es- 
tate of  such  inmates ;  and  in  the  event  that  such  parent,  guar- 
dian or  estate  is  unable  or  is  insufficient  to  provide  or  pay  for 
such  clothing,  the  same  shall  be  provided  by  the  State.  The 
board  of  county  commissioners,  county  superintendent  of  schools, 
or  other  authorized  officers,  in  recommending  an  applicant  for 
admission  to  said  institution,  shall  state  whether  or  not  such 
person  has  an  estate  of  sufficient  value,  or  a  parent  of  sufficient 
financial  ability  to  defray  the  expense  in  whole  or  in  part  for 
such  clothing.  The  expense  of  personal  clothing  provided  by 
the  state  shall  be  a  charge  against  the  parents  or  estate  of  in- 
mates if  such  parents  or  estate  are  financially  able  to  pay  the 
same,  after  proper  investigation,  the  state  may  proceed  against 
the  party  or  parties  or  estate  and  collect  the  same  through  the 
courts  as  other  accounts  are  collected.     (L.  '13,  p.  600,  §  12.) 

86l/2     Fireproof  buildings — Sexes  separated 

The  future  construction  of  the  buildings  of  the  State  School 
and  Colony  shall  be  fire-proof  as  far  as  possible.  They  shall 
be  in  two  groups  for  each  sex ;  one  for  the  educational  and  in- 
dustrial department  and  one  for  the  custodial  or  colony  depart- 
ment, with  such  subdivisions  as  will  best  classify  and  separate 
the  many  diverse  forms  of  the  infirmity  to  be  cared  for.  (L. 
'13,  p.  601,  §  13.) 

87  School  training — Agricultural  training 

A  school  department  shall  be  maintained  from  September  1st 
to  June  1st  each  year,  for  the  benefit  of  those  who  can  be  edu- 
cated along  lines  best  suited  to  individual  capabilities.  The  pro- 
cesses of  agricultural  training  shall  receive  consideration  and 
the  employment  of  the  inmates  in  the  care  and  raising  of  stock, 
in  dairying  and  in  the  cultivation  of  fruits,  vegetables,  etc., 


STATE  OF  WASHINGTON  49 

shall  be  made  tributary  as  far  as  possible  to  the  maintenance  of 
the  institution.  Manual  training  shall  also  be  carried  on  along 
such  lines  as  will  be  of  greatest  benefit  to  both  the  inmates  and 
the  institution.     (L.  '13,  p.  601,  §  14.) 

S7y2i    Penalty  for  violation  of  act 

Any  parent,  guardian  or  proper  officer  who  shall,  without 
proper  cause,  fail  to  carry  into  effect  the  provisions  of  this  act, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  upon  the  complaint  of  any  officer  or  citizen  of  the  county 
or  state,  before  any  justice  of  the  peace  or  superior  court,  shall 
be  fined  in  any  sum  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars  ($200),  in  the  discretion  of  the  court.  (L.  '13,  p. 
601,  §  15.) 

TITLE  III— GENERAL  COMMON  SCHOOL  SYSTEM 
CHAPTER  1— GENERAL  PROVISIONS 

88.  Common  schools  defined 

Common  schools  shall  include  schools  that  are  maintained  at 
public  expense  in  each  school  district  and  under  the  control 
of  boards  of  directors.  Every  common  school,  not  otherwise 
provided  for  by  law,  shall  be  open  to  the  admission  of  all  chil- 
dren between  the  ages  of  six  and  twenty-one  years  residing  in 
that  school  district.   (L.  '09,  p.  261,  §  1 ;  Rem.  &  Bal.,  §  4406.) 

Common  schools  do  not  include  the  state  university,  agricultural  college, 
normal  schools,  and  school  for  defective  youth  :  AfacKenzie  v.  State,  32  Wash. 
666. 

89.  Subjects  to  be  taught 

All  common  schools  shall  be  taught  in  the  English  language, 
and  instruction  shall  be  given  in  the  following  branches,  viz. : 
Reading,  penmanship,  orthography,  written  arithmetic,  mental 
arithmetic,  geography,  English  grammar,  physiology  and  hy- 
giene with  special  reference  to  the  effects  of  alcoholic  stimu- 
lants and  narcotics  on  the  human  system,  history  of  the  United 
States,  and  such  other  studies  as  may  be  prescribed  by  the 
State  Board  of  Education.  Attention  must  be  given  during 
the  entire  course  to  the  cultivation  of  manners,  and  the  funda- 
mental principles   of  honesty,   honor,   industry    and   economy, 


50 


CODE  OF  PUBLIC  INSTRUCTION 


to  the  laws  of  health,  physical  exercise,  ventilation  and  tem- 
perature of  the  school  room,  and  not  less  than  ten  minutes  each 
week  must  be  devoted  to  the  systematic  teaching  of  kindness  to 
not  only  our  domestic  animals,  but  to  all  living  creatures.  (L. 
'09,  p.  262,  §  2;  Rem.  &  Bal.,  §  4407.) 

90.  School  day — Number  of  hours — School   month 

A  school  day  shall  consist  of  six  hours  for  all  pupils  above 
the  primary  grades,  exclusive  of  an  intermission  at  noon ;  but 
any  board  of  directors  may  fix  as  a  school  day  for  their  district 
a  less  number  of  hours  than  six:  Provided,  That  for  pupils 
belonging  to  the  primary  grades  the  school  day  shall  not  be 
less  than  four  hours,  exclusive  of  an  intermission  at  noon,  and 
for  pupils  belonging  to  grades  above  the  primary  grade  the 
minimum  school  day  shall  not  be  less  than  five  hours,  exclusive 
of  an  intermission  at  noon.  In  the  absence  of  any  by-law  or 
order  of  the  board  of  directors  defining  the  school  day  for  their 
district,  any  teacher  may  dismiss  all  pupils  belonging  to  the 
primary  grades  after  an  attendance  of  four  hours,  exclusive 
of  said  intermission.  The  school  month  shall  consist  of  twenty 
days,  or  four  weeks  of  five  days  each,  and  the  term  "school 
year,"  for  all  matters  pertaining  to  experience  in  teaching  and 
for  all  matters  pertaining  to  the  granting  of  or  renewing  of 
certificates,  shall  consist  of  not  fewer  than  nine  school  months. 
(L.  '09,  p.  262,  §  3;  Rem.  &  Bal.,  §  4408.) 

A  school  day  may  be  in  one  session  provided  the  state  board  of  education  has 
made  no  contrary  rule.  Such  session  cannot  be  of  less  time  than  the  minimum 
school  day. — Kelleran. 

91.  School  year 

The  school  year  shall  begin  on  the  first  day  of  July  and  end 
with  the  last  day  of  June.  (L.  '09,  p.  262,  §  4;  Rem.  &  Bal., 
§  4409.) 

School  year  of  nine  months,  see  preceding  section. 

92.  Contagious  diseases 

No  teacher,  pupil  or  janitor  shall  be  permitted  to  attend 
school  from  any  house  in  which  smallpox,  varioloid,  scarlet 
fever,   diphtheria   or   any   other   contagious   or   infectious   dis- 


STATE  OF  WASHINGTON  51 

eases  are  prevalent.  No  teacher,  pupil  or  janitor  shall  be  per- 
mitted to  return  to  school  from  any  house  where  the  above 
mentioned  diseases,  or  any  form  of  them,  have  prevailed,  until 
three  weeks  shall  have  elapsed  from  the  beginning  of  conva- 
lescence of  the  patient,  or  upon  the  certificate  of  a  registered 
physician  in  good  standing  that  there  is  no  danger  of  con- 
tagion. In  case  of  whooping  cough,  chicken  pox  and  measles, 
certified  by  a  physician  to  be  not  of  a  malignant  character, 
this  rule  shall  not  apply  to  teachers,  pupils  or  janitors  who 
have  had  the  diseases  and  have  entirely  recovered  from  them: 
Provided,  That  no  pupil,  teacher  or  janitor  can  attend  school 
or  be  employed  who  is  afflicted  with  pulmonary  tuberculosis. 
L.  '09,  p.  262,  §  5;  Rem.  &  Bal.,  §  4410.) 

93.  Pupils  shall  comply  with  regulations 

All  pupils  who  may  attend  the  common  schools  shall  comply 
with  the  regulations  established  in  pursuance  of  the  law  for 
the  government  of  the  schools,  shall  pursue  the  required  course 
of  studies,  and  shall  submit  to  the  authority  of  the  teachers  of 
such  schools.  Continued  and  wilful  disobedience  or  open  defi- 
ance of  authority  of  the  teacher  shall  constitute  good  cause 
for  expulsion  from  school.  (L.  '09,  p.  263,  §  6 ;  Rem.  &  Bal., 
§  4411.) 

The  school  board  directors  of  a  high  school  have  the  power  under  Rem.  & 
Bal.  Code,  §§  4411  and  4509,  to  enforce  rules  forbidding  pupils  in  the  school 
from  joining  secret  fraternal  societies,  upon  pain  of  loss  of  all  privileges  of  the 
school  except  that  of  attending  classes,  although  the  meetings  of  the  societies 
are  held  out  of  school  hours  and  under  parental  protection,  where  it  is  shown 
that  such  societies  have  a  tendency  to  destroy  good  order,  discipline  and  scholar- 
ship ;  and  such  regulation  is  not  unreasonable  :  Wayland  v.  Hughes,  43  Wash.  441. 

94.  Minimum  length  of  term 

All  school  districts  in  this  state  shall  maintain  school  during 
at  least  six  months  each  year.  (L.  '09,  p.  263,  §  7 ;  Rem.  & 
Bal.,  §  4412.) 

95.  Women  may  hold  offices 

Whenever  the  word  "he"  or  "his"  occurs  in  this  act,  referring 
to  either  the  members  of  the  city  board  of  directors,  county 
superintendents  of  common  schools,  city  superintendents,  di- 
rectors, clerks,  State  Board  of  Education  or  other  school  offi- 


52  CODE  OF  PUBLIC  INSTRUCTION 

cers,  it  shall  be  understood  to  mean  also  "she"  or  "her,"  and 
any  woman  possessing  all  of  the  qualifications  of  an  elector  ex- 
cept as  to  sex,  and  possessing  all  of  the  other  qualifications  re- 
quired by  law  for  such  offices,  shall  be  eligible  to  hold  such  offices. 
(L.  '09,  p.  263,  §  8;  Rem.  &  Bal.,  §  4413.) 

96.  To  be  free  from  sectarian  influence 

All  schools  maintained  or  supported  wholly  or  in  part  by 
the  public  funds  shall  be  forever  free  from  sectarian  control 
or  influence.     (L.  '09,  p.  263,  §  9 ;  Rem.  &  Bal.,  §  4414.) 

See  Const.,  art.  IX,  §  4. 

CHAPTER  2— DIVISION  OF  TERRITORY 
Article  I — Kinds  of  Districts 

97.  County  school  district  defined 

For  purposes  of  supervision  and  administration,  each  county 
in  the  state  shall  constitute  one  county  school  district.  (L.  '09, 
p.  264,  §  1;  Rem.  &  Bal.,  §  4415.) 

98.  School  districts  of  the  first  class  defined 

Any  school  district  in  this  state  containing  a  city  of  the  first 
class  or  of  the  second  class,  or  containing  a  city  having  a  pop- 
ulation requisite  for  a  city  of  the  first  class  or  of  the  second 
class,  as  shown  by  any  regular  or  special  census,  shall  be  a 
school  district  of  the  first  class.  (L.  '09,  p.  264,  §  2 ;  Rem.  & 
Bal.,  §  4416.) 

99.  School  districts  of  the  second  class  defined 

Any  school  district  in  this  state  containing  a  city  of  the 
third  class  or  of  the  fourth  class,  or  containing  a  city  having 
the  population  requisite  for  a  city  of  the  third  or  of  the  fourth 
class,  as  shown  by  any  regular  or  special  census,  shall  be  a 
school  district  of  the  second  class.  (L.  '09,  p.  264,  §  3 ;  Rem 
&  Bal.,  §  4417. 

100.  Districts  of  the  third  class  defined 

All  other  school  districts  shall  be  school  districts  of  the  third 
class.     (L.  '09,  p.  264,  §  4;  Rem.  &  Bal.,  §  4418.) 


STATE  OF  WASHINGTON  53 

101.  Consolidated  districts  defined 

Any  school  district  which  has  been  formed  by  the  consoli- 
dation of  two  or  more  school  districts  shall  be  designated  as  a 
consolidated  school  district.  (L.  '09,  p.  264,  §  5 ;  Rem.  &  Bal., 
§  4419.) 

102.  Joint  districts  defined 

Any  school  district  composed  of  territory  in  two  or  more 
counties  shall  be  designated  as  a  joint  school  district.  (L.  '09, 
p.  264,  §  6;  Rem.  &  Bal.,  §  4420.) 

103.  Union  high  school  districts  defined 

Any  school  district  established  for  the  purpose  of  maintain- 
ing a  high  school  by  the  union  of  two  or  more  contiguous  dis- 
tricts in  the  same  county  shall  be  designated  as  a  union  high 
school  district.  (L.  '09,  p.  264,  §  7;  Rem.  &  Bal.,  §  4421.) 

See,  infra,  §461,  Code  Pub.  Ins.      (L.  '13,  p.  396,  §2.) 

Article  II — Corporate  Existence  and  Powers 

104.  How  designated 

The  term  "School  District,'"  as  used  in  this  act,  is  declared 
to  mean  the  territory  under  the  jurisdiction  of  a  single  board 
designated  as  a  Board  of  School  Directors,  and  shall  be  or- 
ganized in  form  and  manner  as  hereinafter  provided,  and  shall 

be  known   as  (here  insert  name  of  city  in  case  of 

districts   of  first   or  second  class)    School  District  No.   , 

County,  State  of  Washington :     Provided,  That  all 


school  districts  now  existing  as  shown  by  the  records  of  the 
county  superintendent  are  hereby  recognized  as  legally  organ- 
ized districts,  subject  to  the  classification  of  article  1  of  this 
chapter.     (L.  '09,  p.  264,  §  1;  Rem.  &  Bal.,  §  4422.) 

School  districts  are,  within  contemplation  of  the  legislative  and  constitu- 
tional enactments  of  this  state,  municipal  corporations  :  Maxon  v.  School  District, 
5  Wash.  142. 

105.     Shall  constitute  body  corporate 

A  school  district  shall  constitute  a  body  corporate  and  shall 
possess  all  the  usual  powers  of  a  corporation  for  public  pur- 
poses, and  in  that  name  and  style  may  sue  and  be  sued,  pur- 
chase, hold  and  sell  such  personal  and  real  estate,  and  enter 
into  such  obligations  as  are  authorized  by  law;  and  the  title 


54 


CODE  OF  PUBLIC  INSTRUCTION 


to  all  school  buildings  or  other  property,  real  or  personal, 
owned  by  any  such  school  district,  shall,  upon  the  organization 
of  a  district  under  the  provisions  of  this  act,  vest  immediately 
in  the  new  district,  and  the  board  of  directors  of  such  school 
district  shall  have  exclusive  control  of  the  same  for  all  pur- 
poses herein  contemplated.  (L.  '09,  p.  265,  §  2 ;  Rem.  &  Bal., 
§  4423.) 

106.  Each  city  must  be  within  one  school  district 

Each  incorporated  city  in  the  state  shall  be  comprised  in 
one  school  district,  and  shall  be  under  the  control  of  one  board 
of  directors:  Provided,  That  nothing  in  this  section  shall  be 
so  construed  as  to  prevent  the  extension  of  such  city  district 
a  reasonable  distance  beyond  the  limits  of  such  city :  And  pro- 
vided further,  That  nothing  in  this  section  shall  be  so  construed 
as  to  change  or  disturb  the  boundaries  of  any  school  district 
organized  prior  to  the  incorporation  of  any  city,  except  in 
cases  of  incorporation  of  cities  lying  partly  in  two  or  more 
school  districts  organized  prior  to  the  incorporation  of  such 
city,  or  the  extension  of  the  boundaries  of  cities  beyond  the 
limits  of  the  school  districts  in  which  they  are  situated,  or  in 
cases  where  two  or  more  cities  unite,  as  provided  by  law:  And 
provided  further,  That  the  fact  of  the  issuance  of  bonds  by 
school  districts,  heretofore  or  hereafter,  shall  not  prevent  the 
formation  of  new  school  districts,  whether  or  not  such  bonds 
have  been  redeemed,  canceled,  or  paid  in  whole  or  in  part  and 
shall  not  prevent  the  transfer  or  uniting  with  another  school 
district  of  a  portion  or  the  whole  of  a  district  where  bonds 
have  been  or  may  hereafter  be  issued.  (L.  '09,  p.  265,  §  3; 
Rem.  &  Bal.,  §  4424.) 

107.  May  purchase  school  lands  for  site 

That  any  school  district  may  purchase,  under  the  provisions 
of  law  governing  the  sale  thereof,  a  school  house  site  or  sites  of 
not  less  than  three  acres  nor  more  than  ten  acres  each,  of  any 
school  lands  of  the  State  of  Washington.  (L.  '09,  p.  265,  §  4; 
Rem.  &  Bal.,  §  4425.) 

See,  infra,  §  609,  Code  Pub.  Ins.,  classification  and  preference  right. 


STATE  OF  WASHINGTON  55 


CHAPTER    3— FORMATION,    ALTERATION    AND   CONSOLIDATION 

OF  DISTRICTS 
Article  I — Formation  of  New  Districts 

108.  Petition  to  be  signed  by  five  heads  of  families 

For  the  purpose  of  organizing  a  new  district,  a  petition  in 
writing  shall  be  made  to  the  county  superintendent,  signed  by 
at  least  five  heads  of  families  residing  within  the  boundaries  of 
the  proposed  new  district,  which  petition  shall  describe  the 
boundaries  of  the  proposed  new  district  and  give  the  names  of 
all  the  children  of  school  age  residing  within  the  boundaries 
of  such  proposed  new  district,  at  the  date  of  presenting  said 
petition.     (L.  '09,  p.  266,  §  1;  Rem.  &  Bal.,  §  4427.) 

When  a  petition  is  presented  to  a  county  superintendent  praying  for  the  or- 
ganization of  a  new  school  district,  he  may,  after  he  has  heard  all  the  evidence 
presented  by  the  parties  interested,  exercise  his  judgment,  within  reasonable 
limits,  in  the  organization  of  such  new  district  and  the  fixing  of  its  boundaries, 
and  in  so  doing  he  may  correct  any  mistakes  that  may  have  been  made  in  the 
description  given  in  the  petition,  and  in  a  proper  case  modify  the  boundaries 
described   therein. — Jones. 

Any  person  who  is  actually  the  head  of  a  family ;  that  is,  who  is  under 
legal  obligation  to  provide  for  the  support  and  education  of  persons  dependent 
upon  him,  and  who  is  in  fact  providing  for  their  education  and  support,  is  the 
head  of  a  family  for  the  purpose  of  signing  petitions  relating  to  school  mat- 
ters, whether  he  is  a  legal  voter  or  not.  Any  person  who  is  not  the  head  of  a 
family  within  the  definition  given  above  is  not  qualified  to  sign  such  petition, 
though  he  be  a  legal  voter.— Jones. 

The  school  superintendent  has  power,  upon  application,  to  form  a  new  school 
district  and  fix  its  boundaries,  and  in  so  doing  is  not  restricted  to  the  territory 
specified  in  the  petition  :  Wilsey  v.  Cornwall,  40  Wash.  250. 

Where  upon  appeal  to  the  county  commissioners,  the  decision  of  the  school 
superintendent  that  a  district  can  support  six  months  school,  is  affirmed,  the 
decision  is  final  :  Id. 

109.  Notices  and  hearing 

The  county  superintendent  shall  give  notice  to  the  parties 
interested  by  causing  notices  to  be  posted  at  least  twenty  (20) 
days  prior  to  the  time  appointed  by  him  for  considering  said 
petition,  in  at  least  three  of  the  most  public  places  in  the  pro- 
posed new  district,  and  one  on  the  school  house  door  of  each  dis- 
trict affected  by  the  proposed  change,  and  in  one  of  the  most 
public  places  of  the  territory  affected  by  the  proposed  change. 
On  the  day  fixed  in  the  notice  he  shall  proceed  to  hear  said  peti- 
tion, and  if  he  deem  it  advisable  to  grant  the  petition  he  shall 
make   an    order   establishing   said   district   and   describing   the 


56 


CODE  OF  PUBLIC  INSTRUCTION 


boundaries  thereof  and  shall  certify  his  action  to  the  board  of 
county  commissioners  at  their  next  regular  meeting.  (L.  '09,  p. 
266,  §2;  Rem.  &  Bal.,  §4428.) 

Where  a  person  aggrieved  at  the  action  of  a  county  school  superintendent  in 
establishing  a  new  school  district  fails  to  appeal  to  the  board  of  county  commis- 
sioners as  provided  in  former  laws,  he  cannot  invoke  the  remedy  of  certiorari 
to  review  the  proceedings  whereby  such  new  school  district  was  established : 
Gregory  v.  Dixon,  7  Wash.  27. 

110.  School  must  be  taught  at  least  one  month 

No  new  district  formed  by  the  subdivision  of  an  old  one  shall 
be  entitled  to  any  share  of  public  money  belonging  to  the  old 
district  until  a  school  has  actually  been  taught  one  month  in 
the  new  district  and  unless  within  eight  months  from  the  order 
of  the  county  superintendent  granting  such  new  district  a  school 
is  opened,  the  action  making  a  new  district  shall  be  void,  and 
all  elections  or  appointments  of  directors  or  clerks  made  in 
consequence  of  such  action,  and  all  rights  and  office  of  parties  so 
elected  or  appointed  shall  cease  and  determine,  and  all  taxes 
which  may  have  been  levied  in  such  old  district  shall  be  valid 
and  binding  upon  the  real  and  personal  property  of  such  new 
district,  and  shall  be  collected  and  paid  into  the  school  fund  of 
the  old  district.     (L.  '09,  p.  266,  §  3;  Rem.  &  Bal.,  §  4429.) 

111.  New  dstrict  entitled  to  certain  funds 

When  a  new  district  is  formed  from  one  or  more  old  dis- 
tricts it  shall  be  entitled  to  a  just  share  of  the  school  money  to 
the  credit  of  the  one  or  more  old  districts,  from  which  the  new 
district  is  formed,  at  the  time  the  petition  was  granted  to 
establish  the  new  district.  And  the  county  superintendent  (or 
in  case  of  an  appeal,  the  board  of  county  commissioners),  shall 
divide  such  money  and  also  such  money  as  may,  for  the  current 
year,  afterward  be  apportioned  to  the  said  one  or  more  old  dis- 
tricts, according  to  the  number  of  school  children  resident  in 
the  new  district,  as  may  be  ascertained  by  a  census  taken  for 
that  purpose :  Provided,  That  the  new  district  shall  be  entitled 
to  all  school  district  tax  levied  within  the  boundaries  of  the 
new  district,  for  the  current  year  in  which  the  new  district  is 
formed.     And  if  such  tax,  or  any  part  of  it,  has  already  been 


STATE  OP  WASHINGTON  57 

collected  and  placed  to  the  credit  of  the  aforementioned  one  or 
more  old  districts,  it  shall  be  the  duty  of  the  county  treasurer, 
upon  the  order  of  the  county  superintendent,  to  transfer  the 
money  received  from  such  special  tax  to  the  credit  of  the  new 
district.     (L.  '09,  p.  267,  §  4;  Rem.  &  Bal.,  §  4430.) 

If  territory  is  detached  from  a  school  district  having  a  bonded  indebtedness, 
the  detached  territory  is  not  liable  for  the  payment  of  any  part  of  the  bonded 
indebtedness  of  the  district  from  which  it  was  detached. — Stratton. 

In  case  of  the  formation  of  a  new  school  district  by  the  division  of  an  old 
district  or  districts,  the  basis  of  the  division  of  the  funds  of  the  old  district  or 
districts  should  be  the  ratio  of  the  number  of  school  children  in  each  district 
at  the  time  of  the  formation  of  the  new  district. — Stratton. 

A  county  superintendent  has  not  power  and  the  right  to  divide  in  the  event  of 
the  formation  of  a  new  school  district,  any  sinking  fund  or  special  fund  accumu- 
lated in  the  treasury  of  the  old  (divided)  district  for  the  payment  of  bonds  that 
are  not  yet  due. — Ross. 

112.     Value  of  property — County  superintendent  may  hear  testimony 

At  the  hearing  for  the  formation  of  a  new  school  district,  the 
county  superintendent  shall,  in  case  the  petition  is  granted,  hear 
testimony  offered  by  any  person  or  school  district  interested 
therein,  for  the  purpose  of  finding  and  determining  the  amount 
and  value  of  all  school  property  of  whatever  nature  involved 
in  the  proposed  action,  the  nature  and  amount  and  value  of  all 
bonded,  warrant  and  other  indebtedness  of  the  original  school 
district  or  districts  out  of  whose  territory  such  new  district  is 
formed,  including  all  legal  uncompleted  obligations  then  exist- 
ing, and  in  so  doing  shall  consider  the  amount  of  such  out- 
standing indebtedness  incurred  for  current  expenses,  the  amount 
incurred  for  permanent  improvements,  and  the  location  of  such 
improvements,  and  shall  make  an  equitable  adjustment  of  all 
property,  debts  and  liabilities  among  the  districts  involved. 

He  shall  make  a  full  record  of  all  such  findings  and  terms 
of  adjustment  and  the  decision  of  said  county  superintendent 
shall  be  final  unless  appealed  from  in  the  manner  provided  by 
law,  in  which  case  the  decision  of  the  board  of  county  commis- 
sioners shall  be  final.    (L.  '09,  p.  267,  §  5  ;  Rem.  &  Bal.,  §  4431.) 

The  superintendent  is  required  to  ascertain  the  value  and  amount  of  school 
property  and  make  an  adjustment. — Lyie. 

Where,  upon  appeal  to  the  county  commissioners,  the  decisions  of  the  school 
superintendent  that  a  district  can  support  six  months'  school  is  affirmed,  the 
decision  is  final :     Wilsey  v.  Cornwall,  40  Wash.  250. 


58 


CODE  OF  PUBLIC  INSTRUCTION 


113.     Commissioners  to  make  appropriate  levies 

When  a  new  school  district  is  formed  in  the  manner  provided 
by  this  acticle  it  shall  be  the  duty  of  the  county  commissioners 
to  provide  by  appropriate  levies  on  the  property  of  such  new 
district,  in  the  manner  provided  by  law,  for  the  payment  of 
such  indebtedness  as  may  be  imposed  upon  it  by  the  decision  of 
the  county  superintendent,  or  in  case  of  appeal  by  the  board 
of  county  commissioners.      (L.  '09,  p.  268,  §  6;  Rem.  &  Bal., 


Article  II — Alterations  qf  Boundaries  of  School  Districts 

114.  What  must  be  included  in  petition 

For  the  purpose  of  transferring  territory  from  one  district 
to  another  or  enlarging  the  boundaries  of  any  school  district, 
a  petition  in  writing  shall  be  presented  to  the  county  superin- 
tendent, signed  by  a  majority  of  heads  of  families  residing  in 
the  territory  which  it  is  proposed  to  transfer  or  include,  or  in 
case  there  be  no  family  resident  in  such  territory  then  by  the 
board  of  directors  in  one  of  the  districts  affected  by  such 
proposed  change,  which  petition  shall  describe  the  change  which 
it  is  proposed  to  have  made.  It  shall  also  state  the  reason  for 
desiring  said  change,  and  the  number  of  children  of  school  age, 
if  any,  residing  in  the  territory  to  be  transferred.  For  such 
proposed  transfer  of  territory  the  notices  shall  be  posted  and 
the  hearing  and  appeal  shall  be  the  same  as  for  the  formation  of 
a  new  district.     (L.  '09,  p.  268,  §  1 ;  Rem.  &  Bal.,  §  4433.) 

Districts  cannot  be  formed  out  of  an  existing  district  in  such  a  manner  as  to 
leave  portions  of  the  old  district  non-contiguous. — Lyle. 

115.  Value  of  property — County  superintendent  may  hear  testimony 
At  the  hearing  for  the  alteration  of  any  school  district  the 

county  superintendent  shall,  in  case  the  petition  is  granted,  hear 
testimony  offered  by  any  person  or  school  district,  for  the  pur- 
pose of  finding  and  determining  the  value  and  amount  of  any 
school  property  of  whatever  nature  involved  in  the  proposed 
action,  the  nature  and  amount  and  value  of  all  bonded,  warrant 
and  other  indebtedness  of  each  school  district  affected  by  the 
action,  including  all  legal  uncompleted  obligations  then  exist- 


STATE  OF  WASHINGTON  59 

ing,  and  in  so  doing  shall  consider  the  amount  of  such  out- 
standing indebtedness  incurred  for  current  expenses,  the  amount 
incurred  for  permanent  improvements  and  the  location  of  such 
improvements,  and  shall  make  an  equitable  adjustment  of  all 
property,  debts  and  liabilities  among  the  districts  involved. 

He  shall  make  a  full  report  of  all  such  findings  and  terms  of 
adjustment  and  the  decision  of  said  county  superintendent  shall 
be  final  unless  appealed  from  in  the  manner  provided  by  law,  in 
which  case  the  decision  of  the  board  of  county  commissioners 
shall  be  final.     (L.  '09,  p.  268,  §  2;  Rem.  &  Bal.,  §  4434.) 

116.  Commissioners  must   make  certain   levies 

In  case  of  the  alteration  of  any  school  district,  in  the  manner 
provided  by  this  article,  it  shall  be  the  duty  of  the  board  of 
county  commissioners  to  provide  by  appropriate  levies  on  the 
property  of  such  district,  in  the  manner  provided  by  law,  for 
the  payment  of  such  indebtedness  as  may  be  imposed  upon  it 
by  the  decision  of  the  county  superintendent,  or  in  case  of  ap- 
peal, by  the  board  of  county  commissioners.  (L.  '09,  p.  269, 
§3;  Rem.  &  Bal.,  §4435.) 

Article  III — Alteration  of  Boundaries  by  Extension  of  City  Limits 

117.  When  annexation  is  completed 

Whenever  an  incorporated  city  shall  extend  its  limits  in  the 
manner  provided  by  law,  so  as  to  include  all  or  a  part  of  one  or 
more  school  districts,  the  territory  so  included  shall  not  be 
deemed  annexed  for  school  purposes  until  the  30th  day  of  June 
next  succeeding  the  date  of  annexation  for  municipal  purposes, 
at  which  time  the  county  superintendent  shall  declare  the  terri- 
tory added  to  the  limits  of  said  city  to  be  a  part  of  the  school 
district  embracing  said  city :  Provided,  That  when  a  school 
house  is  located  within  the  territory  annexed  for  municipal  pur- 
poses, and  yet  remains  the  most  accessible  school  for  a  part  of 
the  school  district  left  outside  of  the  territory  so  annexed  to 
such  incorporated  city,  the  county  superintendent  may  annex 
all  or  any  part  of  such  school  district  to  the  school  district  em- 
bracing such  city.     (L.  '09,  p.  269,  §  1 ;  Rem.  &  Bal.,  §  4436.) 


gO  CODE  OF  PUBLIC  INSTRUCTION 

118.  County  superintendents  to  adjust  property 

At  the  time  of  declaring  any  territory  to  be  added  to  the 
limits  of  a  school  district  embracing  an  incorporated  city,  as 
provided  in  section  1  of  this  article,  the  county  superintendent 
shall  make  an  equitable  adjustment  of  all  property,  including 
current  funds  and  taxes,  and  of  all  debts  and  liabilities  be- 
tween the  districts  involved,  and  shall  certify  his  action  to  the 
board  of  county  commissioners.  Before  making  such  adjust- 
ment, he  shall  give  not  less  than  ten  days'  written  notice  to  the 
directors  of  each  district  affected  by  such  change,  fixing  the 
time  and  place  of  the  hearing  before  him.  (L.  '09,  p.  269,  §  2 ; 
Rem.  &  Bal.,  §  4437.) 

119.  County  superintendent  to  hear  testimony  and  adjust  liabilities 

At  such  hearing  the  county  superintendent  shall  hear  testi- 
mony offered  by  any  person  or  school  district  interested  therein 
pertaining  to  the  value  and  amount  of  any  school  property,  of 
whatever  nature,  including  current  funds  and  taxes,  involved 
in  the  proposed  action,  the  assessed  value  of  all  taxable  prop- 
erty in  said  districts,  the  nature,  amount  and  value  of  all  bond- 
ed, warrant  and  other  indebtedness  of  each  school  district  affect- 
ed by  the  action,  including  all  legal  uncompleted  obligations 
then  existing ;  and  whenever  the  territory  so  added  to  the  school 
district  embracing  such  incorporated  city  shall  include  a  part 
only  of  the  school  districts  from  which  such  territory  shall  be 
taken,  he  shall  consider  the  amount  of  outstanding  indebtedness, 
of  each  of  said  school  districts,  incurred  for  current  expenses, 
the  amount  incurred  for  permanent  improvements  and  the  loca- 
tion of  such  improvements,  for  the  purpose  of  making  such 
equitable  adjustment  of  all  property,  debts  and  liabilities  among 
the  districts  involved.  He  shall  make  a  full  report  of  his  find- 
ings and  terms  of  adjustment,  and  the  decision  of  said  county 
superintendent  shall  be  final  unless  appealed  from  in  the  man- 
ner provided  by  law,  in  which  case,  the  decision  of  the  board  of 
county  commissioners  shall  be  final.  (L.  '09,  p.  270,  §  3 ;  Rem. 
&  Bal.,  §  4438.) 


STATE  OF  WASHINGTON  Qj 

120.  District  to  retain  corporate  existence  until  liabilities  are  paid 
Whenever  the  territory  so  added  to  a  school  district,  embrac- 
ing an  incorporated  city,  shall  include  the  whole  of  the  school 
district  from  which  such  territory  was  taken,  such  district  shall 
retain  its  corporate  existence  so  far  as  necessary  for  that  pur- 
pose, until  its  indebtedness  as  determined  by'  such  adjustment 
shall  have  been  paid  in  full,  and  the  officers  of  the  district  em- 
bracing such  incorporated  city  to  which  its  territory  shall  have 
been  added  shall  have  the  power,  and  it  shall  be  their  duty,  to 
provide,  by  appropriate  levies  upon  such  old  district  or  dis- 
tricts, for  the  payment  of  such  indebtedness:  Provided,  That 
when  such  payment  of  indebtedness  is  fully  made,  the  clerk  of 
the  district  shall  enter  the  fact  upon  the  records  of  the  district, 
and  report  the  same  to  the  county  superintendent  of  schools. 
(L.  '09,  p.  270,  §  4;  Rem.  &  Bal.,  §  4439.) 

Aritcxe  IV — Formation  of  Consolidated  Districts 

121.  County  superintendent  may  establish  district 

Upon  receipt  of  a  petition  signed  by  five  heads  of  families  of 
two  or  more  adjoining  districts  in  the  same  county,  the  county 
superintendent  may  organize  and  establish  a  consolidated  school 
district.  The  posting  of  notices,  the  hearing,  and  the  appeal 
shall  be  the  same  as  in  the  change  of  territory  from  one  district 
to  another.     (L.  '09,  p.  271,  §  1 ;  Rem.  &  Bal.,  §  4440.) 

Petition  for  consolidation  must  come  from  two  or  more  districts  and  three 
notices  must  be  posted  in  each  district. — Tanner. 

Consolidated  districts  are  under  the  management  and  control  of  the  new 
board  and  they  announce  the  levy  to  be  made. — Bell. 

The  petition  for  the  formation  of  a  consolidated  school  district  need  not  be 
signed  by  the  heads  of  families  in  each  and  every  district  which  it  is  proposed 
to  include  in  the  consolidated  district,  but  only  by  five  heads  of  families  residing 
in  the  several  districts  Which  it  is  proposed  to  include  in  the  consolidated 
district. — Stratton. 

Two  cities  which  are  adjacent,  each  embraced  in  a  school  district,  the  school 
districts  cannot  unite  and  form  a  consolidated  district  without  the  consolidation 
of  the  cities. — Falknor. 

In  the  formation  of  a  consolidated  district  the  component  districts  maintain 
their  existence  for  the  purpose  of  appeal  until  the  time  for  taking  the  appeal 
has  expired. — Falknor. 

If  two  school  districts,  each  having  a  school  house,  are  consolidated  and  it  is 
proposed  to  establish  a  school  house  site  for  the  consolidated  district,  only  a 
majority  vote  is  required. — Falknor. 

A  consolidated  district  cannot  be  formed  of  districts  lying  in  two  or  more 
counties. — Booth. 


(jg  CODE  OF  PUBLIC  INSTRUCTION 

A  new  district  cannot  be  formed  out  of  the  territory  comprising  the  old 
district  so  that  the  territory  remaining  in  the  new  district  will  not  be  contigu- 
ous.— Lylb. 

In  mandamus  proceedings  to  compel  the  prosecuting  attorney  to  test  the 
validity  of  an  order  of  the  school  superintendent  consolidating  two  school 
districts,  the  wisdom  or  policy  of  the  order  cannot  be  inquired  into,  where  the 
same  can  be  reviewed  by  appeal ;  since  it  is  a  collateral  attack  on  the  order  and 
only  its  validity  can  be  questioned :     State  ex  rel.  Harris  v.  Ward,  69  Wash.  342. 

Two  districts  which  are  in  different  union  high  school  districts  cannot  be 
consolidated :     State  ex  rel.  Bell  v.  Thaanum,  32  Wash.  Dec.  33. 

122.  All  boards  to  constitute  new  board  until  election 

When  two  or  more  districts  are  consolidated  by  the  provisions 
of  this  act,  or  where  two  or  more  districts  are  consolidated  by  the 
uniting  of  two  or  more  incorporated  cities  or  towns,  as  pro- 
vided by  law,  all  the  directors  of  the  several  districts  so  con- 
solidated shall  constitute  the  board  of  directors  of  the  new  dis- 
trict so  formed,  and  shall  have  all  the  powers  and  authority  con- 
ferred by  the  laws  of  this  state  upon  school  district  directors, 
until  the  next  annual  school  election  in  said  district,  at  which 
time  there  shall  be  elected  three  directors  for  said  district  in  the 
manner  provided  by  law,  who  shall  hold  their  respective  offices 
as  provided  for  the  officers  of  new  districts.  (L.  '09,  p.  271,  §  2 ; 
Rem.  &  Bal.,  §  4441.) 

123.  When  district  shall  not  be  entitled  to  bonus 

Whenever,  by  reason  of  detachments  of  territory  subsequent  to 
the  formation  of  a  consolidated  district,  the  boundaries  of  such 
district  shall  become  practically  co-extensive  with  the  bound- 
aries of  a  district  prior  to  the  formation  of  such  consolidated 
district,  it  shall  be  the  duty  of  the  county  superintendent  to 
report  such  fact  to  the  Superintendent  of  Public  Instruction  at 
the  time  of  making  his  annual  report,  and  said  district  shall  no 
longer  be  entitled  to  the  bonus  hereinafter  provided  for  consoli- 
dated districts.     (L.  '09,  p.  271,  §  3;  Rem.  &  Bal.,  §  4442.) 

124.  Directors  of  city  district  to  constitute  board 

When  two  or  more  districts  are  consolidated,  only  one  of 
which  contains  an  incorporated  city,  the  directors  of  the  dis- 
trict which  contains  such  incorporated  city  shall  become  the 
directors  for  the  consolidated  district  as  soon  as  the  consolida- 


STATE  OF  WASHINGTON  gg 

tion  is  legally  completed.     (L.  '09,  p.  271,  §4;  Rem.  &  Bal., 
§  4443.) 

125.  County  superintendent  to  number  and  describe  district 

The  county  superintendent  of  any  county  in  which  new  dis- 
tricts are  formed  by  the  uniting  of  two  or  more  districts,  or 
by  the  incorporating  of  any  city  or  town  lying  partly  in  two 
or  more  school  districts,  shall  upon  being  notified  of  such  action 
by  the  board  of  directors  of  such  new  district,  proceed  to  desig- 
nate such  new  district  by  a  number  not  the  same  as  that  of 
either  component  district  or  of  any  existing  district,  and  to  make 
a  record  of  the  boundaries  thereof,  and  he  shall  certify  such 
facts  to  the  board  of  county  commissioners,  to  the  county  treas- 
urer, and  to  the  clerk  of  the  new  district  formed.  (L.  '09,  p. 
272,  §  5 ;  Rem.  &  Bal.,  §  4444.) 

Consolidated  school  districts  must  be  given  a  new  number. — Lyle. 
A  bond  election  is  valid  even  though  the     superintendent  did  not  renumber 
the  district  until  after  the  election. — Lyle. 

126.  New  district  entitled  to  property 

All  school  districts  formed  by  the  uniting  of  two  or  more 
districts,  as  provided  for  in  this  act,  shall  be  entitled  to  the 
public  property  of  the  school  districts  so  united  and  to  all  cur- 
rent funds  in  excess  of  outstanding  indebtedness  other  than 
bonded  indebtedness,  and  the  county  superintendent  shall  trans- 
fer all  such  excess  funds  to  the  new  district  in  accordance  with 
this  provision  and  shall  certify  such  transfer  to  the  county 
treasurer:  Provided,  That  for  the  purpose  of  apportionment 
the  consolidated  district  shall  be  considered  one  district:  Pro- 
vided further,  That  for  the  purpose  of  apportionment  the  con- 
solidated district  shall  be  credited  with  two  thousand  days'  at- 
tendance in  addition  to  actual  attendance  for  each  district,  less 
one,  so  consolidated.  (L.  '09,  p.  272,  §6;  Rem.  &  Bal., 
§  4445.) 

Consolidated  districts  may  be  consolidated  with  a  consolidated  district  and 
the  new  district  will  be  credited  with  two  thousand  days'  attendance. — Tanner. 

Money  in  the  hands  of  the  directors  of  a  district  becomes  the  property  of  the 
consolidated  district  by  the  consolidation  and  cannot  be  applied  in  payment  of 
the  indebtedness  of  the  district. — Tanner. 


(54  CODE  OF  PUBLIC  INSTRUCTION 

127.  District  to  retain  corporate  existence  until  liabilities  are  paid 

Each  school  district  composing  said  consolidated  district  shall 
retain  its  corporate  existence  so  far  as  necessary  for  that  pur- 
pose until  its  indebtedness  has  been  paid  in  full,  and  the  county 
commissioners  shall  have  the  power  and  it  shall  be  their  duty  to 
provide  by  appropriate  levies  upon  such  old  district  or  districts 
for  the  payment  of  such  indebtedness:  Provided,  That  when 
such  payment  of  indebtedness  is  fully  made  the  clerk  of  the 
district  shall  enter  the  fact  upon  the  records  of  the  district  and 
report  the  same  to  the  county  superintendent  of  schools.  (L. 
'09,  p.  272,  §  7;  Rem.  &  Bal.,  §  4446.) 

Where  two  school  districts  are  each  indebted  in  excess  of  two  per  cent,  of 
their  taxable  property  as  shown  by  the  last  assessment,  and  are  consolidated, 
and  the  consolidated  district  issues  bonds  in  excess  of  three  per  cent,  of  its 
taxable  property,  the  issue  is  void,  as  being  in  excess  of  the  constitutional 
limitation  of  five  per  cent,  of  the  taxable  property  in  the  consolidated  district, 
as  each  district  is  subject  to  taxation  as  a  separate  entity  for  the  purpose  of 
paying  its  prior  indebtedness  :     State  ex  rel.  Zylstra  v.  Clausen,  66  Wash.  324. 

128.  Organization  of  board  and  election  of  clerk 

When  two  or  more  school  districts  shall  be  united  by  the 
provisions  of  this  act,  the  boards  of  directors  of  the  several 
districts  shall,  within  thirty  days  thereafter,  meet  and  organize 
the  new  board  by  the  election  of  one  of  their  number  as  presi- 
dent of  the  board.  They  shall  elect  a  clerk  for  said  district 
and  the  clerks  of  the  several  districts  so  united  shall  deliver  to 
said  clerk  all  books,  papers  and  records  belonging  to  their  re- 
spective offices.  The  clerk  of  the  new  district  thus  formed  shall 
immediately  notify  the  county  superintendent  of  the  organiza- 
tion of  the  board  of  the  new  district.  (L.  '09,  p.  273,  §  8 ;  Rem. 
&  Bal.,  §  4447.) 

Abticle  V — Formation  of  Joint  School  Districts 

129.  Joint  district  may  be  organized 

When  the  public  good  requires  it,  a  school  district  may  be 
formed  of  contiguous  territory  lying  in  two  or  more  counties, 
and  such  districts  shall  be  known  as  joint  school  districts.  They 
shall  be  designated  by  a  separate  number  for  each  county  in 


STATE  OF  WASHINGTON  g5 

which  any  portion  of  their  territory  may  lie.     (L.  '09,  p.  273, 
§  l;Rem.  &  Bal.,  §4448.) 

Contiguous  territory  may  be  formed  into  a  joint  district  although  the  terri- 
tory is  comprised  of  districts  of  different  classes. — Lyle. 

130.  Petition  shall   be  presented 

For  the  purpose  of  forming  such  joint  districts,  a  petition 
shall  be  presented,  drawn  and  signed  as  prescribed  for  the  for- 
mation of  other  school  districts,  and  a  copy  of  such  petition 
shall  be  presented  to  the  county  superintendent  of  each  county 
affected  by  the  formation  of  such  proposed  joint  district.  (L. 
'09,  p.  273,  §  2;  Rem.  &  Bal.,  §  4449.) 

131.  Superintendents  shall  post  notices 

The  superintendents  of  all  counties  affected  by  the  formation 
of  the  proposed  joint  district  shall  confer  and  shall  mutually 
agree  upon  the  time  and  place  of  investigating  said  petition, 
and  upon  such  agreement  each  shall  notify  the  school  electors 
of  the  district  or  districts  of  his  county  affected  by  the  forma- 
tion of  the  proposed  joint  district,  by  posting  notices  as  re- 
quired in  the  formation  of  other  school  districts,  one  of  which 
notices  shall  be  posted  upon  the  school  house  door  of  each  dis- 
trict affected  by  the  formation  of  the  proposed  joint  district, 
and  one  of  which  shall  be  posted  in  some  conspicuous  place  in 
the  territory  which  it  is  proposed  to  include  in  the  proposed 
joint  district,  in  each  county;  and  at  the  time  and  place  men- 
tioned in  said  notices  the  several  superintendents  shall  meet  and 
jointly  investigate  all  matters  pertaining  to  the  formation  of  the 
proposed  joint  district.  (L.  '09,  p.  273,  §3;  Rem.  &  Bal., 
§  4450.) 

132.  Superintendents  shall  appoint  directors 

If  at  the  investigation  provided  for  in  the  preceding  section 
the  several  county  superintendents  shall  mutually  agree  that 
said  district  should  be  formed,  they  shall  appoint  a  board  of 
directors  to  serve  until  the  next  regular  election,  and  the  direc- 
tors appointed  shall  qualify  within  ten  days.  At  the  next  regu- 
—3 


60  CODE  OF  PUBLIC  INSTRUCTION 

lar  election  a  board  of  directors  shall  be  elected  as  provided  in 
the  case  of  other  new  districts.  (L.  '09,  p.  274,  §  4;  Rem.  & 
Bal.,  §  4451.) 

133.  Shall  file  certificate  and  oath 

Every  director  or  clerk  of  the  joint  district  shall  file  his  certifi- 
cate of  election  and  oath  of  office  with  the  county  superintendent 
of  the  county  in  which  the  school  house  is  located,  and  his  sig- 
nature with  the  treasurer  of  the  same  county.  (L.  '09,  p.  274, 
§  5 ;  Rem.  &  Bal.,  §  4452.) 

134.  How  vacancies  are  to  be  filled 

Vacancies  in  the  office  of  director  of  a  joint  district  shall  be 
filled  by  appointment  by  the  county  superintendent  in  whose 
county  the  officer  vacating  resided  while  serving,  and  a  copy  of 
such  appointment,  with  the  oath  endorsed  thereon,  shall  be 
filed  in  the  office  of  each  county  superintendent.  (L.  '09,  p.  274, 
§  6;  Rem.  &  Bal.,  §4453.) 

135.  Transfers  by  mutual  consent  of  superintendents 

After  a  joint  school  district  has  been  formed,  all  transfers  of 
territory  to  and  from  said  district  shall  be  made  by  mutual 
agreement  and  joint  action  between  the  county  superintendents 
of  the  several  counties  in  which  the  territory  of  said  joint  dis- 
trict shall  be  embraced,  and  all  notices  of  such  transfers  shall 
be  signed  by  all  superintendents  in  whose  counties  the  terri- 
tory of  the  joint  district  shall  lie.  (L.  '09,  p.  274,  §  7 ;  Rem.  & 
Bal.,  §  4454.) 

136.  Superintendents  to  keep  transcripts 

The  superintendents  of  the  several  counties  affected  by  the 
formation  of  any  joint  school  district  shall  make  and  keep  a 
correct  transcript  of  the  entire  boundary  of  such  district,  and 
shall  certify  the  same  to  the  county  treasurer  and  county  audi- 
tor of  each  county,  and  all  transfers  of  territory  to  or  from 
such  joint  district  shall  likewise  be  certified  to  such  officers, 
said  certificates  being  signed  by  all  county  superintendents  in 
whose  counties  any  part  of  the  territory  of  such  joint  district 
shall  be  located.     A  map  of  all  joint  districts  formed  under  the 


STATE  OF  WASHINGTON  (57 

provisions  of  this  section  shall  be  filed  with  the  Superintendent 
of  Public  Instruction  within  thirty  days  after  the  formation 
of  such  districts.  Said  maps  shall  indicate  the  number  by  which 
the  district  is  designated  in  each  county,  and  it  shall  also  show 
the  location  of  the  school  house  in  such  district,  if  there  be  one. 
Said  map  shall  be  certified  to  by  all  county  superintendents  in 
whose  counties  any  part  of  such  joint  district  shall  be  embraced. 
(L.  '09,  p.  274,  §  8;  Rem.  &  BaL,  §  4455.) 

137.  Provisions  for  apportionments 

For  the  purpose  of  the  apportionment  of  state  school  funds 
the  district  shall  be  considered  as  belonging  to  the  county  in 
which  the  school  building  is  located :  Provided,  That  the  county 
treasurer  in  whose  county  the  school  house  is  not  located  shall 
transfer  quarterly  all  moneys  to  the  treasurer  of  the  county 
where  the  school  house  is  located,  and  the  same  shall  be  placed  to 
the  credit  of  said  joint  district.  (L.  '09,  p.  275,  §  9;  Rem.  & 
Bal.,  §  4456.) 

138.  Superintendents  to  hear  testimony  and  adjust  property 

At  the  hearing  for  the  formation  of  a  joint  school  district, 
the  county  superintendents  shall,  in  case  the  petition  is  granted, 
hear  testimony  offered  by  any  person  or  school  district  inter- 
ested therein,  for  the  purpose  of  finding  and  determining  the 
amount  and  value  of  all  school  property  of  whatever  nature 
involved  in  the  proposed  action,  the  nature  and  amount  and 
value  of  all  bonded,  warrant  and  other  indebtedness  of  the  orig- 
inal school  district  or  districts  out  of  whose  territory  such  joint 
district  is  formed,  including  all  legal  uncompleted  obligations 
then  existing,  and  in  so  doing  shall  consider  the  amount  of  such 
outstanding  indebtedness  incurred  for  current  expenses,  the 
amount  incurred  for  permanent  improvements,  and  the  location 
of  such  improvements,  and  shall  make  an  equitable  adjustment 
of  all  property,  debts  and  liabilities  among  the  districts  involved. 

They  shall  make  a  full  record  of  all  such  findings  and  terms  of 
adjustment,  and  the  decision  of  said  county  superintendent  shall 
be  final.     (L.  '09,  p.  275,  §  10 ;  Rem.  &  Bal.,  §  4457.) 

The  legislature  intended  that  the  last  sentence  of  the  above  section  was  to 
cover    all    authorized    acts    and    doings    of    the    county    superintendents,    in    the 


CODE  OP  PUBLIC  INSTRUCTION 


formation  of  joint  school  districts  from  contiguous  territory  in  two  or  more 
adjacent  counties :  State  ex  rel.  School  Dists.  25  &  100  v.  Board  of  County 
Commissioners,  30  Wash.  Dec.  304  ;  130  Pac. 

139.  Commissioners  to  make  levies  to  pay  indebtedness 

When  a  joint  school  district  is  formed  in  the  manner  pro- 
vided by  this  article,  it  shall  be  the  duty  of  the  board  of  county 
commissioners  to  provide  by  appropriate  levies  on  the  property 
of  such  joint  district,  in  the  manner  provided  by  law,  for  the 
payment  of  such  indebtedness  as  may  be  imposed  upon  it  by 
the  decision  of  the  county  superintendents.  (L.  '09,  p.  275, 
§  11 ;  Rem.  &  Bal.,  §4458.) 

140.  Reports  to  be  made  to  each  superintendent 

All  reports  from  joint  districts  shall  be  made  in  full  to  the 
county  superintendent  of  each  county  affected  thereby:  Pro- 
vided, That  any  county  superintendent  may  order  the  segrega- 
tion of  any  items  of  such  report  so  as  to  show  separately  the 
numbers  or  amounts  from  each  county  affected  thereby.  (L.  '09, 
p.  276,  §  12;  Rem.  &  Bal.,  §  4459.) 

Article  VI — Formation  of  Union  High  School  Districts 

141.  Initial  procedure  of  formation 

Whenever  the  residents  of  two  or  more  adjacent  or  contigu- 
ous school  districts  in  the  same  county  may  wish  to  unite  for 
the  purpose  of  establishing  a  union  high  school,  the  clerks  of  the 
districts,  by  order  of  the  boards  of  directors,  shall,  upon  a 
written  or  printed  petition  of  five  or  more  heads  of  families  of 
their  respective  districts,  each  submit  in  writing  a  statement  of 
the  proposed  union  of  such  districts,  together  with  the  question 
of  the  advisability  of  the  formation  of  such  union  school  dis- 
trict to  the  county  superintendent  of  schools,  who  shall  within 
fifteen  days  report  in  writing  to  the  said  clerks  his  approval  or 
disapproval,  his  action  to  be  based  upon  an  investigation  made 
by  him  to  determine  whether  or  not  either  school  district  so 
applying  already  maintains  or  is  capable  itself  of  maintaining 
a  high  school  without  uniting  with  another  district,  or  with 
other  districts,  or  whether  or  not  the  educational  and  other  con- 
ditions of  the  districts  desiring  to  so  unite  are  such  as  to  insure 


STATE  OF  WASHINGTON  gg 

the  maintenance  of  a  high  school  in  fact  according  to  the  pro- 
visions of  this  article.  (L.  '09,  p.  276,  §  1 ;  Rem.  &  Bal., 
§  4460.) 

A  union  high  school  district  cannot  be  formed  by  the  union  of  school  districts 
lying  in  different  counties. — Stratton. 

After  two  districts  have  organized  a  union  high  school,  and  provided  for  a 
school  being  taught  in  one  of  the  districts,  can  the  other  district  provide  and 
appropriate  public  money  for  the  teaching  of  high  school  grades  in  that  district? 
Under  such  circumstances  only  one  school  can  be  maintained  in  which  the  high 
school  grades  are  taught. — Bell. 

Where  a  petition  for  the  union  of  two  school  districts  was  not  acted  upon  by 
the  board  of  directors  of  one  of  the  districts  until  more  than  a  year  after  its 
presentation  to  them,  and  in  the  meantime  the  board  had  submitted  to  vote 
another  petition  for  a  union  of  districts,  including  the  two  in  the  original 
petition  with  others,  which  was  submitted  to  a  vote  of  the  district  and  rejected, 
the  board  would  be  without  power  to  submit  the  original  petition,  since  it  must 
be  deemed  as  waived  by  failure  to  act  within  a  reasonable  time,  and  by  the  act 
of  submitting  a  later  petition  to  popular  vote  :     Peth  v.  Martin,  31  Wash.  1. 

142.  The  elections 

If  the  county  superintendent  shall  approve  of  the  formation 
of  the  proposed  union  high  school  district,  each  of  said  clerks 
shall  call  a  meeting  of  the  voters  of  such  school  districts  at  some 
convenient  place  by  posting  written  or  printed  notices  in  like 
manner  as  is  provided  for  calling  annual  school  district  elec- 
tions. If  a  majority  of  the  voters  of  each  district  shall  vote  to 
unite  for  the  purposes  herein  stated,  the  clerk  of  each  district 
so  proposing  to  unite  shall,  within  ten  days  after  the  election, 
notify  the  county  superintendent  of  the  holding  of  and  the  re- 
sult of  the  election,  and  the  county  superintendent  shall,  imme- 
diately after  the  receipt  of  said  notices,  designate  such  union 

high  school  district  as  "Union  High  School  District  No , 

County,"  and  shall  so  notify  the  clerks  of  the 

several  districts  so  uniting.  (L.  '09,  p.  276,  §  2 ;  Rem.  &  Bal., 
§  4461.) 

143.  Organization  of  the  board  of  directors 

The  boards  of  directors  of  the  several  districts  so  voting  to 
unite  shall  constitute  the  board  of  directors  of  such  union  high 
school  district,  and  shall  within  ten  days  after  the  elections  at 
which  the  districts  voted  to  unite  meet  and  organize  by  elect- 
ing one  of  their  number  president  of  the  board,  and  selecting 
their  clerk  for  such  union  high  school  district,  and  the  clerk 


7Q  CODE  OF  PUBLIC  INSTRUCTION 


and  president  chosen  at  such  meeting  shall  hold  their  respective 
offices  until  the  next  annual  school  district  election  and  until 
their  successors  are  elected  and  qualified ;  and  the  election  of 
president  and  clerk  shall  occur  annually  thereafter,  on  the 
second  Saturday  next  succeeding  the  date  at  which  the  newly 
elected  school  district  officers  shall  enter  upon  the  discharge  of 
their  duties:  Provided,  That  in  union  districts  consisting  of 
three  or  more  school  districts  the  board  of  directors  of  said 
union  district  shall  be  composed  of  the  chairmen  of  the  several 
boards  of  directors  of  the  districts  comprised  in  such  union  dis- 
trict.    (L.  '09,  p.  277,  §  3;  Rem.  &  Bal.,  §  4462.) 

144.  Notices  of  organization 

The  clerk  of  the  union  high  school  district  shall  within  ten 
days  after  the  organization  of  the  district,  by  the  election  of  a 
president  and  clerk,  notify  the  county  superintendent  of  the 
organization  of  said  district,  and  the  county  superintendent 
shall  also,  within  ten  days  after  receiving  notice  of  the  organiza- 
tion of  the  district,  notify  the  county  treasurer  and  county 
auditor  of  the  fact  of  its  organization,  together  with  the  numbers 
of  the  constituent  districts  and  the  names  of  the  directors  and 
clerk.     (L.  '09,  p.  277,  §  4 ;  Rem.  &  Bal.,  §  4463.) 

145.  District  may  be  enlarged 

After  the  formation  of  a  union  high  school  district  the  bound- 
aries of  the  same  may  be  enlarged  in  the  manner  prescribed  for 
the  formation  of  the  said  union  high  school  district :  Provided, 
That  the  board  of  directors  of  the  union  high  school  district 
shall  not  be  reorganized,  but  that  the  chairman  of  the  district, 
or  the  chairmen  of  the  districts,  so  united  to  the  union  high 
school  districts  shall  be  added  to  the  board  of  directors  of  the 
union  high  school  until  the  next  ensuing  annual  school  election. 
(L.  '09,  p.  277,  §  5;  Rem.  &  Bal.,  §  4464.) 

146.  Course  of  study 

The  directors  of  such  union  districts  shall  determine  what 
grade  or  grades  above  the  grammar  grade  of  the  state  common 
school  course  of  study  shall  be  pursued  and  maintained  in  such 


STATE  OF  WASHINGTON  71 

schools :  Provided,  That  the  course  of  study  for  all  high  school 
grades  shall  not  be  inconsistent  with  the  laws  of  this  state,  and 
shall  be  such  as  the  Superintendent  of  Public  Instruction  shall 
approve.  If  local  conditions  admit  of  it,  the  directors  of  any 
union  high  school  district  may,  at  their  discretion,  admit  pupils 
residing  in  such  union  district,  belonging  to  a  grade  lower  than 
the  high  school  grades,  but  no  pupil  belonging  to  a  grade  lower 
than  the  seventh  shall  ever  be  admitted  to  any  such  union  high 
school.  The  teacher  or  teachers  of  such  union  high  schools 
shall  keep  such  records  and  make  such  reports  as  are  required  of 
teachers  in  the  districts  composing  such  union  districts,  and 
shall  make  such  other  reports  as  may  be  required  by  the  Superin- 
tendent of  Public  Instruction.  (L.  '09,  p.  278,  §  6;  Rem.  &  Bal., 
§  4465.) 

147.  Powers  of  directors  and  clerks 

The  board  of  directors  and  clerk  provided  for  in  the  pre- 
ceding section  shall,  in  all  matters  relating  to  the  union  high 
schools  of  such  district,  possess  all  the  powers  herein  provided 
for  other  school  district  officers,  including  the  power  to  recom- 
mend special  levies  of  taxes  for  the  purpose  of  furnishing 
transportation  to  and  from  school  and  other  additional  school 
facilities  for  the  union  district,  or  for  the  payment  of  teachers' 
wages,  or  for  the  purchase  of  fuel,  supplies,  globes,  maps,  charts, 
books  of  reference  or  other  appliances  for  teaching,  or  for  any  or 
all  of  these  purposes.  They  shall  discharge  all  the  duties  and  be 
governed  by  the  laws  herein  provided  for  school  district  officers. 
(L.  '09,  p.  278,  §  7;  Rem.  &  Bal.,  §  4466.) 

148.  Apportionments  to  district 

Each  union  high  school  district  shall  be  entitled  to  and  shall 
receive  apportionments  from  the  state  annual  school  fund  in  the 
manner  provided  by  law  for  the  apportionments  from  the  state 
annual  fund  to  other  school  districts.  (L.  '09,  p.  278,  §8; 
Rem.  &  Bal.,  §  4467.) 

149.  Taxpayers  may  appeal 

In  case  any  resident  taxpayer  shall  feel  aggrieved  at  the  for- 
mation of  a  union  high  school  district,  or  at  the  refusal  of  the 


72 


CODE  OF  PUBLIC  INSTRUCTION 


county  superintendent  to  approve  of  its  formation,  he  shall  be 
entitled  to  an  appeal  as  provided  in  this  act.  (L.  '09,  p.  279, 
§9;  Rem.  &  Bal.,  §4468.) 

150.  Withdrawal  from  union  district 

When  five  or  more  years  have  elapsed  from  the  date  upon 
which  two  or  more  school  districts  united  for  the  purpose  of 
forming  a  union  high  school  district,  such  union  may  be  dis- 
solved, if  at  a  special  election  called  by  the  board  of  directors  of 
such  union  high  school  district  for  that  purpose,  a  majority  -of 
three-fifths  of  the  vote  cast  at  said  election  are  in  favor  of  dis- 
solution. The  liabilities  and  assets  of  the  union  high  school  dis- 
trict so  dissolved  shall  be  justly  apportioned  by  the  county 
superintendent  among  the  various  districts  composing  the  union 
high  school  district.     (L.  '13,  p.  643,  §  1.) 

Article  VII — Miscellaneous 

151.  When  county  superintendent  may  discontinue  district 

In  case  any  school  district  shall  have  fewer  than  five  children 
of  school  age  or  shall  not  have  maintained  at  least  the  minimum 
amount  of  school  required  by  law,  during  the  past  preceding 
school  year,  or  in  case  of  territory  which  is  not  now  a  part  of  any 
school  district,  or  in  which  there  are  no  children  of  school  age, 
the  county  superintendent  shall  have  power  to  attach  such  ter- 
ritory to  some  contiguous  school  district  or  school  districts 
without  being  petitioned  to  do  so :  Provided,  That  if  any  school 
district  so  disorganized  shall  have  any  outstanding  bonds,  war- 
rants or  other  indebtedness,  the  assessable  property  of  such  dis- 
trict shall  be  holden  for  the  payment  of  such  indebtedness.  (L. 
'09,  p.  279,  §  1 ;  Rem.  &  Bal.,  §  4470.) 

If  a  school  district  is  dissolved  under  this  section,  the  moneys  should  be 
apportioned  as  provided  by  §4430  Rem.  &  Bal.   (§111  Code  Pub.  Ins.) — Tanner. 

152.  County  auditor  shall  certify  to  county  assessor 

In  all  cases  involving  the  alteration  of  school  district  bound- 
aries, the  county  auditor  shall  certify  the  action  of  the  county 
superintendent  or  the  county  commissioners  to  the  county  as- 
sessor.    (L.  '09,  p.  279,  §  2;  Rem.  &  Bal.,  §  4471.) 

See,  infra,  §  624,  Code  Pub.  Ins.,  boundaries  to  correspond  with  road  districts. 


STATE  OF  WASHINGTON  73 


153.  No  district  to  be  less  than  four  sections 

In  forming  new  districts,  or  transferring  territory  from  one 
district  to  another,  or  changing  boundaries  of  districts,  no  school 
district  shall  contain  less  than  four  sections  of  land,  unless  said 
district  can  support  six  months'  school  per  year  after  such 
change  of  territory :  Provided,  That  the  county  superintendent 
may  establish  a  district  with  less  than  four  sections  on  a  petition 
signed  by  eighty  per  cent,  of  all  the  heads  of  families  of  the 
proposed  district,  by  and  with  the  consent  of  the  Superintendent 
of  Public  Instruction.  (L.  '09,  p.  280,  §3;  Rem.  &  Bal., 
§  447iy2.) 

CHAPTER  4— OFFICERS— THEIR  POWERS  AND  DUTIES 
Article   I — County   Superintendent   of   Schools 

154.  Election  and  oath  of  office 

A  county  superintendent  of  schools  shall  be  elected  in  each 
county  of  the  state  at  each  general  election,  whose  term  of  of- 
fice shall  begin  on  the  first  Monday  in  September  next  succeed- 
ing his  election  and  continue  for  two  years  and  until  his  suc- 
cessor is  elected  and  qualified.  He  shall  take  the  oath  of  office 
and  shall  give  an  official  bond  in  a  sum  to  be  fixed  by  the  board 
of  county  commissioners.  He  may  appoint  a  deputy,  who  shall 
qualify  in  the  same  manner  as  the  county  superintendent,  and 
perform  the  duties  of  the  office,  subject,  however,  to  revision  by 
the  county  superintendent:  Provided,  That  in  any  county 
having  more  than  one  hundred  school  districts,  the  county  su- 
perintendent, with  the  approval  of  the  board  of  county  com- 
missioners, may  appoint  such  clerical  assistance  as  may  be  nec- 
essary to  perform  the  work  of  his  office  properly.  The  county 
commissioners  of  each  county  shall  fill  any  vacancy  that  may  oc- 
cur in  the  office  of  county  superintendent  until  the  next  general 
election.     (L.  '09,  p.  280,  §  1 ;  Rem.  &  Bal.,  §  4472.) 

Where  a  county  superintendent  of  schools  was  elected  for  a  term  to  begin 
on  the  second  Monday  in  January  next  succeeding  his  election  and  continue  for 
two  years  and  until  his  successor  is  elected  and  qualified,  and  upon  a  change  of 
the  law  during  his  term  making  the  term  "begin  on  the  first  Monday  in  August 
next  succeeding  his  election,"  he  is  entitled  to  hold  the  office  until  the  qualifica- 
tion of  his  successor  for  the  term  beginning  in  August,  although  thereby  his 
term  is  made  greater  than  two  years,  and  the  statute  deferring  the  beginning 
of  his  successor's  term  would  not  be  in  violation  of  const.,  art.  XI,  sec.  8, 
which  prohibits  the  extension  of  the  term  of  any  county  ofl&cer  beyond  the 
period  for  which  he  is  elected :     State  ex  rel.  Meridith  v.  Tollman,  24  Wash.  426. 


74 


CODE  OF  PUBLIC  INSTRUCTION 


155.  Eligibility 

No  person  shall  be  eligible  to  hold  the  office  of  county  super- 
intendent of  schools  who  shall  not  at  the  time  of  his  election  or 
appointment  have  taught  in  the  public  schools  of  this  state  two 
school  years  of  nine  months  each,  and  who  shall  not  at  the  time 
of  such  election  or  appointment  hold  a  first  grade  or  higher 
certificate.     (L.  '09,  p.  280,  §2;  Rem.  &  Bal.,  §  4473.) 

One  who  has  taught  eleven  months  in  the  state,  served  as  deputy  county 
superintendent  for  eighteen  months,  served  as  county  superintendent  for  one 
year,  is  qualified  to  act  as  county  superintendent  of  schools  if  elected. — Lylb. 

156.  Shall  file  evidence  with  county  auditor 

The  county  auditor  shall  not  place  the  name  of  any  person 
upon  the  official  ballot  as  candidate  for  the  office  of  county  su- 
perintendent of  schools  unless  such  person  shall  have  filed  in  the 
office  of  the  county  auditor,  at  least  twenty  days  before  the  date 
at  which  the  election  is  to  be  held,  proof  of  having  taught  in  the 
schools  of  the  state  one  school  year  of  nine  months,  together 
with  a  copy  of  the  certificate  required  by  this  act.  (L.  '09,  p. 
280,  §  3 ;  Rem.  &  Bal.,  §  4474.) 

This  section  does  not  harmonize  with  the  preceding  section. 
The  word  "election"  refers  to  the  general  election. — Tanner. 

157.  Powers  and  duties 

Each  county  superintendent  shall  have  the  power  and  it  shall 
be  his  duty — 

First.  To  exercise  a  careful  supervision  over  the  common 
schools  of  his  county,  and  to  see  that  all  the  provisions  of  the 
common  school  laws  are  observed  and  followed  by  the  teachers, 
supervisors  and  school  officers. 

Second.  To  visit  the  schools  in  his  county,  counsel  with  di- 
rectors and  teachers,  and  assist  in  every  possible  way  to  ad- 
vance the  educational  interests  of  his  county. 

Third.  To  distribute  promptly  all  reports,  laws,  forms,  cir- 
culars and  instructions  which  he  may  receive  for  the  use  of  the 
schools  and  the  teachers,  and  to  execute  the  instructions  and  de- 
cisions of  the  Superintendent  of  Public  Instruction,  as  provided 
by  law. 


STATE  OF  WASHINGTON  75 


Fourth.  To  enforce  the  outline  course  of  study  adopted  by 
the  State  Board  of  Education,  or  the  course  of  study  adopted  by 
any  other  lawful  authority,  and  to  enforce  the  rules  and  regula- 
tions required  in  the  examination  of  teachers. 

Fifth.  He  shall  prepare  an  outline  course  of  study  for  the 
books  adopted  in  districts  of  the  third  class  when  the  needs  of  the 
county  demand:  Provided,  That  said  outline  course  of  study 
shall  be  in  harmony  with  the  course  adopted  by  the  State  Board 
of  Education  of  this  state. 

Sixth.  To  keep  on  file  and  preserve  in  his  office  the  biennial 
reports  of  the  Superintendent  of  Public  Instruction  and  of  the 
county  superintendent  of  his  county. 

Seventh.  To  keep  in  good  and  well-bound  books,  to  be  fur- 
nished by  the  county  commissioners,  records  of  his  official  acts. 

Eighth.  To  preserve  carefully  all  reports  of  school  officers 
and  teachers,  and  at  the  close  of  his  term  of  office  to  deliver  to 
his  successor  all  records,  books,  documents  and  papers  belonging 
to  the  office,  taking  a  receipt  for  the  same,  which  shall  be  filed  in 
the  office  of  the  county  auditor. 

Ninth.  To  administer  oaths  and  affirmations  to  school  direc- 
tors, teachers  and  other  persons,  on  all  official  matters  connect- 
ed with  or  relating  to  schools,  but  he  shall  not  make  or  collect 
any  charge  or  fee  for  so  doing. 

Tenth.  To  keep  in  a  suitable  book  an  official  record  of  all 
persons  under  contract  to  teach  in  the  schools  of  his  county, 
showing  the  number  of  the  school  district,  the  date  of  the  con- 
tract, the  names  of  the  contracting  parties,  and  the  date  of  the 
expiration  of  the  teacher's  certificate  and  the  grade  thereof,  the 
salary  paid,  and  the  date  of  commencing  school,  with  the  length 
of  term  in  weeks,  which  data  shall  be  immediately  reported  to 
the  county  auditor. 

Eleventh.  To  make  an  annual  report  to  the  Superintendent 
of  Public  Instruction  on  the  first  day  of  August  of  each  year, 
for  the  school  year  ending  June  30,  next  preceding.  The  re- 
port shall  contain  an  abstract  of  the  reports  made  to  him  by  the 
district  clerks,  and  such  other  matters  as  the  Superintendent  of 


76 


CODE  OF  PUBLIC  INSTRUCTION 


Public  Instruction  shall  direct.  And  it  shall  be  the  duty  of  the 
county  commissioners  and  county  auditor  in  every  county  where- 
in the  county  superintendent  is  about  to  retire  from  office  to 
withhold  the  warrant  of  his  salary  for  the  month  of  July  until 
they  shall  have  received  a  certificate  from  the  Superintendent  of 
Public  Instruction  that  the  annual  report  of  such  county  super- 
intendent has  been  made  in  a  satisfactory  manner;  and  it  shall 
be  the  duty  of  the  Superintendent  of  Public  Instruction  to  trans- 
mit such  certificate  to  the  auditor  immediately  upon  receiving 
such  satisfactory  report. 

Twelfth.  To  keep  in  his  office  a  full  and  correct  transcript 
of  the  boundaries  of  each  school  district  in  the  county,  including 
joint  districts.  In  case  the  boundaries  of  said  districts  are  con- 
flicting or  incorrectly  described,  he  shall  change,  harmonize  and 
describe  them,  and  at  their  next  regular  meeting  he  shall  cer- 
tify his  action  to  the  county  commissioners  of  his  county,  and 
shall  file  with  them  a  complete  transcript  of  the  boundaries  of 
all  school  districts  affected  by  his  action,  which  shall  be  en- 
tered upon  the  journal  of  said  board  and  become  a  part  of  their 
records.  The  county  superintendent  shall,  on  request,  furnish 
the  district  clerks  with  descriptions  of  the  boundaries  of  their 
respective  districts. 

Thirteenth.  To  appoint  school  district  officers  in  districts  of 
the  second  and  of  the  third  class,  to  fill  vacancies  caused  by 
death,  resignation,  failure  to  hold  election,  failure  to  qualify  be- 
fore the  day  for  taking  office,  and  absence  from  the  district  for  a 
period  of  ninety  days  or  failure  to  attend  four  consecutive  meet- 
ings of  the  board  without  a  reasonable  excuse ;  to  appoint  school 
officers  for  any  new  districts :  Provided,  That  when  any  new  dis- 
trict is  organized,  such  of  the  school  officers  of  the  old  district 
as  reside  within  the  limits  of  the  new  one  shall  be  such  school 
officers  of  the  new  one,  and  the  vacancies  in  the  old  district  shall 
be  filled  by  appointment. 

Fourteenth.  To  apportion  school  funds  as  provided  in  chap- 
ter 5,  title  III,  of  this  act. 


STATE  OP  WASHINGTON  77 

Fifteenth.  To  grant  such  temporary  certificates  and  to  con- 
duct such  examination  of  teachers  and  make  such  records  thereof 
as  may  be  prescribed  by  law :  Provided,  That  he  shall  give  ten 
days'  notice  of  such  examination  by  publication  in  some  news- 
paper of  general  circulation  published  in  his  county,  or  if  there 
be  no  newspaper,  then  by  posting  up  hand  bills,  or  otherwise. 

Sixteenth.  To  hold  teachers'  institutes  according  to  law,  and 
to  conduct  such  other  meetings  of  the  teachers  of  his  county 
as  may  be  for  the  best  interests  of  the  schools. 

Seventeenth.  To  hold  each  year,  if  he  deem  it  advisable,  one 
or  more  directors'  meetings,  the  expense  of  which  shall  be  aud- 
ited and  paid  by  the  county  commissioners:  Provided,  That 
such  expense  shall  not  exceed  the  sum  of  one  hundred  dollars  in 
any  one  year. 

Eighteenth.  To  suspend  any  teacher  who  may  be  teaching  in 
his  county,  against  whom  he  files  charges,  and  in  case  of  such 
suspension  he  shall  immediately  notify  the  Superintendent  of 
Public  Instruction  of  his  action,  and  shall  clearly  and  fully  state 
his  reasons  for  said  action. 

Nineteenth.  To  furnish  registers  and  clerks'  record  books 
to  all  districts  of  his  county  upon  a  requisition  from  the  school 
district  clerk,  and  he  shall  receive  pay  for  such  books  by  war- 
rants drawn  against  the  said  school  district  by  the  county  aud- 
itor. At  the  end  of  each  quarter  of  the  fiscal  year  he  shall  turn 
over  to  the  treasurer  of  his  county  all  moneys  derived  from  the 
sale  of  such  books,  together  with  a  detailed  statement  of  the 
sources  from  which  said  funds  were  derived.  He  shall  also  at  the 
same  time  send  a  copy  of  said  statement  to  the  Superintendent 
of  Public  Instruction. 

Twentieth.  To  forthwith  enforce  the  provisions  of  section 
14,  article  7  [5],  chapter  4,  of  title  III  of  this  Code,  and  to 
notify  the  Superintendent  of  Public  Instruction  whenever  any 
school  board  of  such  county  shall  fail  to  comply  with  the  pro- 
visions required.      (L.  '09,  p.  281,  §  4;  Rem.  &  Bal.,  §  4475.) 

A  county  superintendent  cannot  refuse  to  approve  a  contract  because  he 
believes  or  has  reason  to  believe  that  the  teacher  is  not  entitled  to  hold  a 
teacher's  certificate. — Ltle. 


78  CODE  OF  PUBLIC  INSTRUCTION 

The  county  superintendent  is  the   proper  person  to  determine  the  necessity 
for  issuing  any  circular  of  information  pertaining  to  the  schools  of  his  county. — 


County  superintendents  have  power  to  institute  proceedings  to  stop  the  pay- 
ment of  warrants  issued  without  authority  of  law. — Stratton. 

County  Superintendents  shall  furnish  to  the  Superintendent  of  Public  Instruc- 
tion all  information  specifically  required  by  law,  and  such  other  information  as 
the  Superintendent  of  Public  Instruction  may  desire  in  the  administration  of  his 
office  such  information  to  be  of  such  a  character  as  the  county  superintendent 
possesses  or  as  he  can  reasonably  obtain.  For  a  persistent  refusal  to  furnish 
such  information,  he  may  be  removed  from  his  office.  In  turn,  school  district 
clerks  shall  furnish  to  the  county  superintendent  all  information  required  by 
law,  and  for  a  persistent  refusal  io  do  so  they  may  be  removed  from  office. — 
Winston. 

If  a  county  superintendent,  at  the  time  of  his  election,  is  the  holder  of  such  a 
certificate  as  is  required  by  law  as  a  condition  of  eligibility  to  that  office,  fails 
to  have  it  renewed  or  fails  to  obtain  a  new  one  at  the  time  of  the  expiration 
of  the  old  one  ;  or,  if  his  certificate  should  be  revoked,  it  does  not  disqualify  him 
from  holding  his  office  during  the  period  for  which  he  was  elected. — Atkinson. 

The  purpose  of  this  restriction  (subdivision  twenty)  is  to  assist  and  compel 
small  school  districts,  which,  as  a  matter  of  course,  have  no  salaried  paid  archi- 
tect who  has  devoted  special  attention  to  the  construction  of  school  houses, 
when  erecting  a  new  school  house  or  school  houses,  to  erect  sucn  buildings  in  a 
manner  better  suited  to  the  comfort  and  health  of  the  pupils  in  the  way  of  heat, 
light  and  sanitation.  The  county  school  superintendent  has  no  authority  to  re- 
fuse approval  of  plans  and  specifications  for  the  reason  that  the  site  upon  which 
the  building  or  buildings  are  to  be  constructed  does  not  meet  with  his  approval. — 
Knickerbocker. 

The  fact  that  the  school  fund  of  a  county  is  indebted  to  the  state  on  account 
of  taxes  levied  and  collected  does  not  justify  the  state  auditor  in  deducting  any 
portion  of  such  indebtedness  from  the  amount  of  the  warrant  he  is  required  by 
law  to  draw  in  favor  of  any  county,  when  the  Superintendent  of  Public  Instruc- 
tion has  apportioned  the  state  school  fund  to  the  respective  counties  and  re- 
ported same  to  the  state  auditor,  with  direction  to  issue  warrants  to  the  treas- 
urers of  the  various  counties  for  the  respective  amounts  due  them  thereunder  : 
State  ex  ret.  Tanner  v.  Cheetham,  23  Wash.  666. 

A  temporary  certificate  to  teach  granted  by  the  county  superintendent  of 
schools  cannot  be  collaterally  attacked  in  an  action  brought  by  a  teacher  against 
a  school  district  for  breach  of  contract  of  employment  to  teach  its  school,  when 
there  is  no  allegation  of  fraud  or  collusion  in  obtaining  the  certificate  :  Kimball 
v.  School  District,  23  Wash.  520. 

158.     He  shall  require  reports 

The  county  superintendent  shall  require  all  reports  of  school 
district  officers,  teachers  and  others  to  be  made  promptly  as 
required  by  law.  He  shall  see  that  the  teacher's  register  is  kept 
in  accordance  with  law  and  the  instructions  of  the  Superintend- 
ent of  Public  Instruction,  and  that  the  records  of  the  school  dis- 
trict clerks  are  properly  kept.  He  shall  require  the  oath  of 
office  of  all  school  district  officers  to  be  filed  in  his  office,  and 
shall  furnish  a  directory  of  all  such  officers  to  the  county  treas- 
urer, upon  blanks  furnished  by  the  Superintendent  of  Public 
Instruction,  as   soon   as   the   election   or  appointment   of   such 


STATE  OF  WASHINGTON  79 

officers  is  determined  and  their  oaths  placed  on  file.     (L.  '09,  p. 
284,  §  5;  Rem.  &  Bal.,  §  4476.) 

159.  Office  days 

He  shall  keep  his  office  open  for  the  transaction  of  official 
business  such  days  each  week  (at  least  one  day  each  week)  as 
the  duties  of  the  office  may  require,  and  shall  keep  posted  on 
the  door  of  his  office  a  notice  of  said  office  days  and  hours  of 
such  days.     (L.  '09,  p.  284,  §  6 ;  Rem.  &  Bal.,  §  4477.) 

160.  Commissioners  shall  furnish  office  and  supplies 

The  county  commissioners  shall  provide  the  county  superin- 
tendent with  a  suitable  office  at  the  county  seat,  and  all  neces- 
sary blanks,  books,  stationery,  postage,  printing  and  other  ex- 
penses of  his  office  shall  be  paid  by  the  county  treasurer  out  of 
the  county  funds  upon  a  sworn  statement  made  quarterly  and 
allowed  by  the  county  commissioners :  Provided,  That  as  to  the 
necessity  for  the  printing  and  issuance  of  circulars  of  informa- 
tion pertaining  to  the  schools  of  his  county,  for  the  use  of 
schools,  school  officers  and  teachers,  the  county  superintendent 
shall  determine.     (L.  '09,  p.  284,  §  7;  Rem.  &  Bal.,  §  4478.) 

161.  Shall  receive  actual  traveling  expenses 

For  all  actual  and  necessary  travel  in  the  performance  of  their 
official  duties  and  in  attendance  on  the  convention  of  county 
superintendents  called  by  the  Superintendent  of  Public  Instruc- 
tion, county  superintendents  shall  be  allowed  actual  traveling 
expenses.     (L.  '09,  p.  285,  §  8;  Rem.  &  Bal.,  §  4479.) 

Article  II — District  Officers — General  Provisions 

162.  Election  and  eligibility 

Directors  of  school  districts  shall  be  elected  at  the  regular 
annual  school  elections.  No  person  shall  be  eligible  to  the  office 
of  school  director  who  is  not  able  to  read  and  write  the  English 
language.     (L.  '09,  p.  285,  §  1 ;  Rem.  &  Bal.,  §  4480.) 

A  director  of  a  corporation,  trust  company,  or  light  and  power  company  is 
not  ineligible  to  the  office  of  school  director. — Tanner. 


g0  CODE  OF  PUBLIC  INSTRUCTION 


163.     Powers  and  duties  of  directors 

Every  board  of  directors,  unless  otherwise  specially  provided 
by  law,  shall  have  power  and  it  shall  be  its  duty — 

First.  To  employ,  for  not  more  than  one  year,  and  for  suffi- 
cient cause  to  discharge,  teachers,  and  to  fix,  alter,  allow  and 
order  paid  their  salaries  and  compensation.  The  directors,  ex- 
cept in  districts  of  the  first  class,  shall  make  with  each  teacher 
employed  by  them  a  written  or  printed  contract,  which  shall 
be  in  conformity  with  the  laws  of  this  state,  and  every  such 
contract  shall  be  made  in  duplicate,  one  copy  of  which  shall  be 
retained  by  the  school  district  clerk,  and  the  other  shall  be  de- 
livered to  the  teacher  after  having  been  approved  and  registered 
by  the  county  superintendent  as  by  law  required. 

Second.  To  enforce  the  rules  and  regulations  prescribed  by 
the  Superintendent  of  Public  Instruction  and  the  State  Board 
of  Education  for  the  government  of  schools,  pupils  and  teachers, 
and  to  enforce  the  course  of  study  lawfully  prescribed  for  the 
schools  of  their  district. 

Third.  To  rent,  repair,  furnish  and  insure  school  houses,  to 
employ  janitors,  laborers  and  mechanics. 

Fourth.  To  cause  all  school  houses  to  be  properly  heated, 
lighted  and  ventilated,  and  to  cause  all  school  premises  to  be 
maintained  in  a  cleanly  and  sanitary  condition. 

Fifth.  To  purchase  personal  property  in  the  name  of  the 
district  and  to  receive,  lease  and  hold  for  their  district  any  real 
or  personal  property. 

Sixth.  To  suspend  or  expel  pupils  from  school  who  refuse  to 
obey  the  rules  thereof,  and  they  shall  exclude  from  school  all 
children  under  six  years  of  age. 

Seventh.  To  provide  free  text-books  and  supplies  to  be 
loaned  to  the  pupils  of  the  school,  when  in  their  judgment  the 
best  interests  of  their  district  will  be  subserved  thereby,  and  to 
prescribe  such  rules  and  regulations  as  they  shall  deem  neces- 
sary to  preserve  such  books  and  supplies  from  unnecessary  dam- 
age. 


STATE  OF  WASHINGTON  81 

Eighth.  To  require  all  pupils  to  be  furnished  with  such 
books  as  may  have  been  adopted  by  the  lawful  authority  of  this 
state,  as  a  condition  to  membership  in  the  schools. 

Ninth.  To  exclude  from  schools  and  school  libraries  all 
books,  tracts,  papers  and  other  publications  of  an  immoral  or 
pernicious  tendency. 

Tenth.  To  authorize  the  school  room  to  be  used  for  summer 
or  night  schools,  or  for  public,  literary,  scientific,  religious,  po- 
litical, mechanical  and  agricultural  meetings,  under  such  regu- 
lations as  the  board  of  directors  may  adopt. 

Eleventh.  To  provide  and  pay  for  transportation  of  chil- 
dren to  and  from  school  when  in  their  judgment  the  best  in- 
terests of  their  district  will  be  subserved  thereby,  but,  in  case 
transportation  is  provided,  the  directors  shall  not  be  compelled 
to  transport  children  who  live  within  two  miles  of  the  school 
house.     (L.  '09,  p.  285,  §2;  Rem.  &  Bal.,  §  4481.) 

See,  infra,  §  500,  Code  Pub.  Ins.  relating  to  bonds  for  security  for  labor  on 
public  works. 

School  districts  of  the  second  and  third  class  have  no  authority  to  employ 
an  attorney  other  than  the  prosecuting  attorney. — Bell. 

The  directors  may  make  arrangements  to  transport  children  to  school  who 
live  more  than  two  miles  away,  but  cannot  discriminate. — Lyle. 

If  a  teacher  is  a  near  relative  of  a  member  of  the  school  district  board,  he  is 
not  by  reason  of  such  relationship  alone  rendered  ineligible  to  election  as  a 
teacher  in  a  school  under  the  management  of  such  board  of  directors. — Jones. 

A  director  cannot  lawfully  be  employed  to  perform  the  duties  of  janitor  in 
his  own  district. — Stratton. 

A  school  district  cannot  claim  the  attendance  of  pupils  above  the  eighth 
grade,    if    such    pupils    attend    school    in    some    other    district. — Knickerbocker. 

A  board  of  directors  in  a  school  district  employing  not  more  than  one  teacher 
cannot  be  required  to  institute  a  high  school  or  have  high  school  studies  taught 
in  their  district. — Stratton. 

Boards  of  school  directors  have  the  power  to  authorize  the  school  room  to  be 
used  for  summer  or  night  schools,  literary,  scientific,  religious,  political,  mechan- 
ical or  agricultural  societies,  but  are  not  empowered  to  authorize  the  use  of  a 
school  room  for  dancing  purposes. — Stratton. 

A  board  of  school  directors  has  authority  to  make  a  by-law  refusing  to  admit 
children  of  six  years  of  age  to  the  public  schools  at  any  other  time  than  the 
commencement  of  a  term.  The  opinion  holds  such  a  by-law  is  not  inconsistent 
with  the  section  of  the  Code  of  Public  Instruction  which  admits  to  attendance 
all  children  between  ages  of  six  and  twenty-one  years  residing  in  the  school 
district. — Stratton. 

Directors  cannot  employ  their  children  as  janitors,  for  the  reason  that  in 
the  employment  of  their  children  as  janitors  the  directors  would  be,  at  least  indi- 
rectly, interested  in  the  contract.  It  is  our  intention  in  the  above  opinion  to 
use  the  word  "children"  in  the  sense  of  a  dependent  minor  as  distinguished  from 
a  person  who  has  reached  the  age  of  majority  and  is  emancipated  from  the  sup- 
port of  his   parents.     However,   a  contract  of  this  kind  is   so  close  to   the   line 


gg  CODE  OP  PUBLIC  INSTRUCTION 

that  it  cannot  be  governed  by  any  hard  and  fast  rule.  The  test  to  be  applied  is : 
Does  the  particular  transaction  place  the  school  director  in  a  position  whereby 
his  individual  interest  is  in  opposition  to  his  official  duty?  If  it  does,  the  trans- 
action is  void. — Lyle. 

Directors  are  not  authorized  to  build  a  bridge,  as  the  building  of  a  bridge  is 
not  transportation,  although  it  may  be  an  aid  thereof.  District  funds  cannot 
be  used  for  such  purposes. — Kelleran. 

We  are  unable  to  find  any  provision  in  the  school  code  which  authorizes  the 
funds  of  any  school  district  to  be  expended  for  speakers,  orchestra,  decorations, 
and  the  rent  of  a  hall  or  building  as  part  of  the  commencement  exercises  of  the 
school ;  and  since  school  directors  only  have  such  powers  as  are  expressly  given 
to  them  by  the  legislature,  we  are  of  the  opinion  that  school  directors  have  no 
power  to  expend  the  funds  of  their  respective  districts  for  the  purpose  above 
mentioned. — Lyle. 

Directors  cannot  incur  traveling  expenses  and  charge  the  same  up  to  the 
district.  This  might  be  considered  an  oversight  on  the  part  of  the  legislature 
if  it  had  not  specifically  provided  in  section  161  of  the  school  code  for  the 
mileage  and  traveling  expenses  of  the  county  superintendent  of  schools. — Bell. 

There  is  no  provision  in  the  code  which  will  directly  or  indirectly  author- 
ize the  directors  of  a  school  district  to  expend  the  funds  of  the  district  for 
the  rent  of  a  hall  for  a  basket  ball  game. — Lyle. 

Subdivision  11,  section  163,  Code  of  Public  Instruction,  only  applies  to  the 
transportation  of  children  within  the  district  to  the  school  house  owned  by  the 
district,  and  therefore  the  directors  have  no  power  to  pay  for  the  transportation 
of  high  school  pupils  from  their  district  to  an  adjoining  district. — Lyle. 

A  teacher  can  act  as  janitor,  but  the  question  as  to  whether  or  not  a  teacher 
would  be  entitled  to  extra  compensation  for  so  doing  would  depend  entirely  on 
the  contract  which  the  teacher  had  with  the  school  board,  and  is  a  matter  which 
rests  with  the  board  at  the  time  the  contract  is  made  out. — Lyle. 

While  the  purchase  of  supplies  from  an  instructor  is  not  directly  prohibited 
by  statute,  the  practice  should  be  discouraged,  for  the  reason  that  more  or  less 
of  a  fiduciary  relationship  exists  between  the  board  and  an  instructor,  and 
theiefore  the  whole  transaction  would  be  subject  to  the  criticism  that  the  board 
had  been  induced  to  purchase  the  supplies  on  the  recommendation  of  the  in- 
structor. In  case  the  board  does  purchase  supplies  from  an  instructor,  the 
reason  for  such  purchase  should  be  clearly  stated  in  the  minutes  of  the  board,  so 
that  all  parties  to  the  transaction  may  be  protected. — Lyle. 

It  is  unlawful  for  a  director  to  furnish  supplies  of  any  nature  to  the  dis- 
trict.— Lyle. 

Directors  cannot  receive  any  compensation  for  services  rendered  in  the  con- 
struction or  repairing  of  school  property. — Lyle. 

While  the  employment  of  relatives  by  school  directors  is  not  expressly  pro- 
hibited by  statute  when  the  directors  have  no  interest  in  such  employment, 
nevertheless  the  practice  is  contrary  to  the  spirit  of  the  law  and  should  be 
limited  to  cases  of  necessity. — Lyle. 

In  all  cases  where  the  clerks  purchase  supplies  they  should  procure  itemized 
bills  from  the  persons  or  corporations  from  whom  the  supplies  were  purchased, 
together  with  the  usual  certificate  attached  that  said  supplies  have  been  actually 
furnished. — Lyle. 

A  writ  of  mandate  will  not  issue  to  compel  school  directors  to  pay  over  to 
the  county  treasurer  insurance  money  raised  on  a  loss  by  fire  of  a  school 
building  in  their  district,  to  be  divided  between  it  and  a  new  district  recently 
formed  out  of  it,  when  the  money  has  been  actually  expended  by  the  directors 
in  the  erection  of  a  new  school  building,  pursuant  to  a  unanimous  vote  of  the 
electors  of  the  district :     Elder  v.  Territory    3  W    T    438 


STATE  OF  WASHINGTON  g3 


In  an  action  for  the  recovery  for  services  as  a  school  teacher,  from  which 
position  plaintiff  was  discharged  before  the  expiration  of  her  term  of  employ- 
ment, where  the  allegations  of  the  complaint  regarding  her  employment  by  the 
directors  are  admitted  by  the  answer,  proof  as  to  the  manner  of  the  employ- 
ment is  unnecessary,  and  errors  committed  by  the  court  in  the  admission  of 
evidence  to  prove  her  employment  are  immaterial :  Fitzgerald  v.  School  Dis- 
trict, 5  Wash.  112. 

In  an  action  for  services  as  teacher  the  introduction  by  plaintiff  of  a  first 
grade  certificate,  regular  in  form,  signed  by  the  county  superintendent,  and  two 
examiners  are  effective,  for  a  period  more  than  covering  the  time  of  the  em- 
ployment, and  which  she  states  was  delivered  to  her  by  the  county  superin- 
tendent as  a  teacher's  certificate,  is  prima  facie  proof  of  her  being  entitled  to 
teach  at  the  time  she  was  so  employed  :     Fitzgerald  v.  School  District,  supra. 

In  order  to  obtain  jurisdiction  of  a  school  district,  service  of  process  must 
be  had  on  the  clerk,  service  on  an  individual  member  of  the  board  not  being 
sufficient :     Downs  v.  Directors,  4  Wash.  309. 

Where  the  complaint  in  an  action  to  enjoin  the  issuance  of  school  bonds 
alleges  that  their  issuance  will  increase  the  indebtedness  of  the  school  district 
to  an  amount  exceeding  one  and  one-half  per  cent,  of  the  taxable  property 
therein,  it  will  be  presumed  from  the  fact  that  a  certain  part  of  the  proceeds  of 
the  bonds  is  to  be  devoted  to  paying  outstanding  indebtedness  of  the  district, 
that  the  indebtedness  will  be  kept  within  the  one  and  one-half  per  cent,  limit, 
in  which  case  the  casting  of  certain  illegal  votes  at  such  election  will  not 
invalidate  the  issue  of  bonds,  if  the  rejection  of  the  illegal  vote  would  still 
leave  the  majority  in  favor  thereof  :     Luzador  v.  Sargeant,  4  Wash.  299. 

The  directors  of  a  district  cannot  be  compelled  to  open  and  maintain  a 
public  school  where  it  appears  that  the  indebtedness  of  a  school  district,  in- 
cluding its  bonded  and  warrant  indebtedness,  exceeds  the  one  and  one-half  per 
cent,  limitation  allowed  by  the  constitution,  and  that  the  bonded  indebtedness 
has  not  been  created  under  a  vote  of  the  people  authorizing  the  incurring  of 
indebtedness  in  excess  of  such  limitation,  and  there  are  no  moneys  on  hand  for 
school  purposes  :     Stanley  v.  McOeorge,  17  Wash.  8. 

The  fact  that  a  teacher  was  hired  at  other  than  a  stated  and  regular  meet- 
ing of  the  board  of  directors  would  raise  the  presumption,  in  the  absence  of 
proof  to  the  contrary,  that  the  meeting  was  held  in  pursuance  of  an  adjourn- 
ment of  a  regular  meeting :     Splaine  v.  School  District,  20  Wash.  74. 

Upon  the  question  of  the  regularity  of  a  school  board  meeting  authorizing 
a  contract,  it  is  not  reversible  error  to  exclude  testimony  as  to  whether  one  of 
the  members  received  notice  thereof,  when  it  is  not  also  shown  that  the  meet- 
ing was  not  an  adjourned  meeting  and  such  member  signed  the  contract  next 
day  as  secretary  of  the  board  :     Id. 

It  is  the  duty  of  school  directors  to  follow  the  course  of  study  prescribed 
by  the  State  Board  of  Education  :     Wagner  v.  Royal,  36  Wash.  428. 

Where  a  school  district  refuses  to  follow  the  course  of  study  adopted  by  the 
State  Board  of  Education,  the  publisher  of  the  books  (under  contract  with  the 
State  Board)  is  not  entitled  to  relief  by  injunction  unless  materially  damaged  : 
Westland  Pub.   Co.  v.  Royal,  36  Wash.   399. 

In  case  of  the  discharge  of  a  teacher  by  a  board  of  directors  in  which  dis- 
charge the  county  superintendent  actively  participated,  the  teacher  has  the 
right  of  appeal  to  the  superior  court :  State  ex  rel.  Caffrey  v.  Superior  Court, 
30  Wash.   Dec.   293,    130  Pac.   747. 

164.     Every  school  to  have  flag 

Every  board  of  directors  of  the  several  school  districts  of  this 
state  shall  procure  a  United  States  flag,  and  shall  display  said 
flag  upon  or  near  each  public   school  building  during  school 


84 


CODE  OF  PUBLIC  INSTRUCTION 


hours,  except  in  unsuitable  weather,  and  at  such  other  times  as 
to  said  board  may  seem  proper.  (L.  '09,  p.  286,  §  3;  Rem.  & 
Bal.,  §  4482.) 

165.  School  districts  to  be  liable  for  debts 

Every  school  district  shall  be  liable  for  any  debts  legally  due, 
contracted  under  the  provisions  of  this  act,  and  for  judgments 
against  the  district,  and  such  district  shall  pay  such  judgment 
or  liability  out  of  the  proper  school  funds  to  the  credit  of  the 
district.     (L.  '09,  p.  287,  §  4;  Rem.  &  Bal.,  §  4483.) 

166.  When  districts  may  charge  tuition 

Any  board  of  directors  shall  have  power  to  make  arrange- 
ments with  adults  wishing  to  attend  school,  or  with  the  directors 
of  another  district,  for  the  attendance  of  such  children  in  the 
school  of  either  district  as  may  be  best  accommodated  therein : 
Provided,  That  in  case  such  arrangements  are  not  made,  or 
children  from  school  districts  not  adjoining  desire  to  attend 
school  in  their  district,  they  may  charge  reasonable  tuition  for 
such  attendance:  Provided  further,  That  all  such  money  col- 
lected by  any  school  district  officer  for  the  use  of  the  district 
shall,  within  thirty  days  after  the  date  of  its  collection,  be 
turned  over  to  the  county  treasurer  and  placed  to  the  credit  of 
the  district.     (L.  '09,  p.  287,  §  5;  Rem.  &  Bal.,  §  4484.) 

167.  Directors  may  make  by-laws 

Any  board  of  directors  shall  have  power  to  make  such  by-laws 
for  their  own  government,  and  the  government  of  the  common 
schools  under  their  charge,  as  they  deem  expedient,  not  incon- 
sistent with  the  provisions  of  this  act,  or  the  instructions  of  the 
Superintendent  of  Public  Instruction  or  the  State  Board  of  Edu- 
cation.    (L.  '09,  p.  287,  §  6;  Rem.  &  Bal.,  §  4485.) 

168.  Directors  shall  have  custody  of  property 

The  board  of  directors  of  each  school  district  shall  have  cus- 
tody of  all  school  property  belonging  to  the  district,  and  shall 
have  power,  in  the  name  of  the  district,  to  convey  by  deed  all 
the  interest  of  their  district  in  or  to  any  school  house  or  lot 
directed  to  be  sold  by  vote  of  the  district,  and  all  conveyances 


STATE  OF  WASHINGTON 


85 


of  real  estate  made  to  the  district  shall  vest  title  in  the  district ; 
said  board,  in  the  name  of  the  district,  shall  have  power  to  trans- 
act all  business  necessary  for  maintaining  school  and  protecting 
the  rights  of  the  district.  (L.  '09,  p.  287,  §  7;  Rem.  &  Bal., 
§  4486.) 

169.  Directors  shall  have  no  pecuniary  interests 

It  shall  be  unlawful  for  any  director  to  have  any  pecuniary 
interest,  either  directly  or  indirectly,  in  the  purchase  of  school 
sites  or  in  the  erection  of  school  houses,  or  in  the  warming,  ven- 
tilating, furnishing,  repairing  or  insuring  of  the  same,  or  to  be 
in  any  manner  interested  in  or  connected  with  the  furnishing  of 
supplies  for  the  maintenance  of  schools,  or  to  receive  or  accept 
any  compensation  or  reward  for  services  rendered  as  director, 
or  be  employed  for  hire  by  said  district  or  by  any  person  having 
a  contract  with  said  district:  Provided,  That  nothing  in  this 
section  shall  be  construed  to  prevent  a  director  elected  as  clerk 
from  acting  as  purchasing  agent  for  his  district,  or  from  re- 
ceiving such  compensation  for  performing  the  duties  of  school 
district  clerk  as  are  now  or  may  hereafter  be  provided  by  law. 
(L.  '09,  p.  287,  §  8;  Rem.  &  Bal.,  §  4487.) 

See  notes,  supra,  §  163,  Code  Pub.  Ins.,  powers  of  directors. 

A  county  official  is  not  entitled  to  pay  for  the  use  of  his  own  horse  or  con- 
veyance as  part  of  his  necessary  traveling  expenses. — Lyle. 

A  school  building  site  cannot  be  purchased  from  a  director  of  the  district. 
— Ltle. 

Contracts  entered  into  by  a  board  of  directors  with  themselves  for  the  re- 
pairing of  a  school  house,  even  though  no  one  else  could  be  procured  to  do  the 
work,  are  expressly  forbidden  by  this  section  :     Miller  v.  Sullivan,  32  Wash.  115. 

The  payment  by  the  county  treasurer  of  a  school  warrant  issued  by  a  board 
of  directors  in  payment  of  a  contract  expressly  forbidden  by  statute  may  be 
enjoined  at  the  suit  of  a  citizen  and  taxpayer,  although  the  amount  involved  is 
trivial :     Id. 

170.  Directors  shall  not  contract  indebtedness  in  excess  of  income 

It  shall  be  unlawful  for  any  board  of  directors  to  contract 
indebtedness  against  their  district  in  any  one  year  in  any  sum 
or  sums  exceeding  the  aggregate  of  the  amount  due  to  said  dis- 
trict during  the  year  from  state  funds,  the  amount  of  school 
district  tax  levied  for  the  year  and  the  estimated  receipts  from 
other  sources,  unless  said  indebtedness  be  authorized  by  a  vote 


gg  CODE  OF  PUBLIC  INSTRUCTION 

of  the  electors  of  said  district.     (L.  '09,  p.  288,  §  9;  Rem.  & 
Bal.,  §  4488.) 

See  Const.,  art.  VIII,  §  6. 

See,  infra,  §  310,  Code  Pub.  Ins.,  levy  for  indebtedness. 

A  school  district  may  authorize  the  levy  of  a  special  tax  and  draw  on  the 
funds  thus  created  for  the  purpose  of  building  a  school  house. — Lyle. 

A  meeting  which  authorizes  the  building  of  a  school  house  and  does  not 
authorize  the  district  to  borrow  money  for  that  purpose,  authorizes  the  district 
to  build  such  a  school  house  as  can  be  built  without  incurring  an  indebtedness. — 
Tanner. 

171.  Shall  deliver  records  to  his  successor 

Every  school  officer  shall  immediately  deliver  to  his  successor 
in  office  all  books,  papers  and  moneys  pertaining  to  his  office. 
(L.  '09,  p.  288,  §  10;  Rem.  &  Bal.,  §  4489.) 

172.  Shall  take  an  oath  of  office 

Every  person  elected  or  appointed  to  any  office  mentioned  in 
this  acticle  shall,  before  entering  upon  the  discharge  of  the  du- 
ties thereof,  take  an  oath  or  affirmation  to  support  the  consti- 
tution of  the  United  States  and  the  State  of  Washington,  and 
to  promote  the  interest  of  education,  and  to  faithfully  discharge 
the  duties  of  his  office  according  to  the  best  of  his  ability.  In 
case  any  officer  has  a  written  appointment  or  commission,  his 
oath  or  affirmation  shall  be  endorsed  thereon  and  sworn  to  be- 
fore any  officer  authorized  to  administer  oaths.  School  officers 
are  hereby  authorized  to  administer  all  oaths  or  affirmations 
pertaining  to  their  respective  offices  without  charge  or  fee.  All 
caths  of  office  as  herein  provided  shall,  when  properly  made,  be 
filed  with  the  county  superintendent  of  schools.  (L.  '09,  p.  288, 
§  11;  Rem.  &  Bal.,  §  4490.) 

173.  Shall  place  signature  with  county  auditor 

Every  school  district  director  or  clerk  shall,  on  assuming  the 
duties  of  his  office,  place  his  signature,  certified  to  by  some  school 
district  officer,  on  file  in  the  office  of  the  county  auditor.  (L. 
'09,  p.  289,  §  12;  Rem.  &  Bal.,  §  4491.) 

The  provisions  of  Bal.  Code,  §2333,  making  it  unlawful  for  a  county  treas- 
uier  to  pay  a  warrant  when  the  signatures  are  not  registered  are  intended  for 
the  protection,  not  of  the  public  at  large,  but  of  the  county  and  school  districts 
therein,  and  no  pction  will  lie  against  a  treasurer  and  his  sureties,  by  the 
holder  of  a  forged  school  district  warrant,  who  claims  to  have  purchased  same 
on  the  strength  of  such  treasurer's  indorsement :  Roberts  v.  Prescott,  15  Wash. 
462. 


STATE  OF  WASHINGTON  g? 

174.  Boards  may  condemn  land 

The  board  of  directors  of  any  school  district  of  this  state  may 
proceed  to  condemn  and  appropriate  sufficient  land  for  a  school 
house  site  not  to  exceed  five  acres  in  extent ;  such  condemnation 
proceedings  shall  be  in  accordance  with  the  laws  of  this  state 
providing  for  appropriating  private  property  for  public  use. 
(L.  '09,  p.  289,  §    13;  Rem.  &  Bal.,  §  4492.) 

School  districts  can  exercise  the  power  of  eminent  domain  to  acquire  land 
for  the  use  of  school  children  as  an  athletic  field  and  general  play  field ;  and 
certainly,  if  it  be  within  the  power  of  the  school  district  to  acquire  land  for 
these  purposes  by  condemnation  proceedings,  it  is  within  its  powers  to  purchase 
land  on  which  to  erect  a  gymnasium  and  construct  a  play  field :  Sorenson  v. 
Perkins  &  Co.,  29  Wash.  Dec.  320  ;  129  Pac.  577. 

175.  County  superintendent  shall  approve  plans 

Whenever  any  board  of  directors  of  school  districts  of  the 
third  class  shall  be  authorized,  by  the  electors  of  their  district, 
to  erect  a  school  building,  it  shall  be  the  duty  of  such  board, 
before  entering  into  any  contract  for  the  erection  of  any  build- 
ings, to  obtain  the  approval  of  the  county  superintendent  of  the 
county  in  which  the  building  is  to  be  erected,  of  the  plans  and 
specifications  for  the  building  to  be  erected.  (L.  '09,  p.  289, 
§  14;  Rem.  &  Bal.,  §4493.) 

Article  III — Directors  of  Districts  of  the  First  Class 

176.  The  board  of  directors 

The  directors  of  school  districts  of  the  first  class  shall  consist 
of  five  members,  who  shall  be  known  as  the  board  of  directors. 
They  shall  be  elected  by  balloi:  by  the  qualified  electors  of  the  dis- 
trict, and  shall  hold  their  office  for  a  term  of  three  years  and 
until  their  successors  are  elected  and  qualified. 

When  a  district  of  the  second  or  third  class  shall  become  a  dis- 
trict of  the  first  class  the  existing  directors  shall  serve  until 
the  annual  election  preceding  the  expiration  of  the  term  for 
which  they  were  elected  and  shall  appoint  two  additional  direct- 
ors, who  shall  serve  until  the  next  annual  school  election  in  said 
district.  At  such  annual  election  three  directors  shall  be  elected, 
one  for  one  year,  one  for  two  years  and  one  for  three  years. 

In  case  vacancies  are  to  be  filled,  and  the  successor  or  succes- 
sors are  to  be  elected  to  fill  an  unexpired  term  or  terms,  the  bal- 


88 


CODE  OF  PUBLIC  INSTRUCTION 


lot  shall  specify  the  term  for  which  each  such  director  is  to  be 
elected.     (L.  '09,  p.  289,  §  1 ;  Rem.  &  Bal.,  §  4494.) 

177.  Election  first  Saturday  in   December 

The  regular  district  election  in  each  district  of  the  first  class 
shall  be  held  on  the  first  Saturday  of  December  in  each  year,  and 
such  election  shall  be  held  in  the  manner  provided  in  article  1, 
chapter  13  of  this  title.  (L.  '09,  p.  290,  §  % ;  Rem.  &  Bal., 
§  4495.) 

The  question  of  free  text  books  should  be  submitted  at  the  regular  election 
in  December. — Tanneb. 

178.  Oath  of  office  and  organization  of  board 

All  persons  elected  as  members  of  the  board  of  directors  of 
districts  of  the  first  class  shall,  within  ten  days  thereafter,  ap- 
pear before  the  officer  authorized  to  administer  oaths,  take  and 
subscribe  the  usual  oath  of  office  and  deliver  the  same  to  the 
county  superintendent  of  schools ;  in  case  any  person  elected 
shall  fail  so  to  do,  his  election  shall  be  void  and  the  vacancy  oc- 
casioned thereby  shall  be  filled  by  the  board  as  hereinafter  pro- 
vided. The  term  of  office  of  persons  so  elected  shall  begin  on 
the  first  Monday  of  the  month  of  January  following  their  elec- 
tion. At  the  first  meeting  of  the  members  of  the  board  in  the 
month  of  January  of  each  year,  they  shall  elect  a  president  and 
vice-president  from  among  their  number,  who  shall  serve  for  a 
term  of  one  year  or  until  their  successors  are  elected  and  quali- 
fied. In  the  event  of  the  temporary  absence  or  disability  of  both 
the  president  and  vice-president,  the  board  of  directors  may  elect 
a  president  pro  tempore,  who  shall  discharge  all  the  duties  of 
president  during  such  temporary  absence  or  disability.  They 
shall  also  at  their  regular  meeting  in  the  month  of  January  in 
each  year  elect  a  secretary  at  such  salary  as  they  may  deem  just ; 
said  secretary  shall  not  be  a  member  of  the  board  of  directors, 
and  may  be  removed  by  the  board  at  any  time.  (L.  '09,  p.  290, 
§3;  Rem.  &  Bal.,  §4496.) 

179.  Election  of  officers  by  roll  call 

The  election  of  the  officers  of  the  board  of  directors,  the  city 
superintendent,  the  secretary,  teachers,  janitors  and  all  other 


STATE  OF  WASHINGTON  89 

officers  of  such  district  shall  be  by  viva  voce  vote  upon  a  call 
of  the  roll  of  all  the  members,  and  no  person  shall  be  declared 
elected  unless  he  receives  a  majority  vote  of  all  the  members  of 
the  board.     (L.  '09,  p.  290,  §  4;  Rem.  &  Bal.,  §  4497.) 

180.  President  must  preside  at  meetings 

It  shall  be  the  duty  of  the  president  to  preside  at  all  meetings 
of  the  board,  and  to  perform  such  other .  duties  as  the  board 
may  prescribe.     (L.  '09,  p.  290,  §  5;  Rem.  &  Bal.,  §  4498.) 

181.  Duties  of  vice  president 

It  shall  be  the  duty  of  the  vice  president  tc  perform  all  the 
duties  of  the  president  in  case  of  his  absence  or  disability.  (L. 
'09,  p.  291,  §  6;  Rem.  &  Bal.,  §  4499.) 

182.  Duties  of  the  secretary 

It  shall  be  the  duty  of  the  secretary  to  be  present  at  all  the 
meetings  of  the  board,  to  keep  an  accurate  journal  of  the 
proceedings,  to  take  charge  of  its  books  and  documents,  to 
countersign  all  warrants  for  school  moneys  drawn  upon  the 
county  treasurer  by  order  of  the  board;  he  may  be  authorized 
by  the  board  of  directors  to  purchase  needed  supplies  for  the 
schools,  and  shall  also  act  as  superintendent  of  buildings,  and 
may  be  charged  with  the  special  care  of  the  school  buildings 
and  other  property  of  the  district;  he  shall  also  perform  such 
other  duties  as  the  board  may  direct.  (L.  '09,  p.  291,  §  7; 
Rem.  &  Bal.,  §  4500.)  ; 

183.  Bond  of  the  secretary 

Before  entering  upon  the  discharge  of  his  duties,  the  secre- 
tary of  the  board  shall  give  bonds  in  such  sum  as  the  board 
of  directors  may  fix  from  time  to  time,  but  for  not  less  than 
five  thousand  dollars  ($5,000),  with  good  and  sufficient  sure- 
ties, and  shall  take  and  subscribe  an  oath  or  affirmation,  be- 
fore a  proper  officer,  that  he  will  support  the  constitution  of 
Washington  and  faithfully  perform  the  duties  of  his  office. 
He  shall,  from  time  to  time,  as  he  may  be  required  by  the  board, 
make  a  complete  and  detailed  record  of  his  transactions  as 
secretary,  which  shall  be  combined  with  his  annual  report,  to 


90  CODE  OF  PUBLIC  INSTRUCTION 

be  published  in  the  manner  determined  by  the  board.     (L.  '09, 
p.  291,  §  8;  Rem.  &  Bal.,  §  4501.) 

184.  Regular  and  special  meetings  of  the  board 

The  regular  meetings  of  the  board  of  directors  shall  be  held 
monthly  or  oftener  at  such  a  time  as  the  by-laws  of  the  board 
may  prescribe,  but  special  meetings  may  be  held  from  time  to 
time  as  circumstances  may  demand,  at  the  call  of  the  president 
or  on  petition  of  a  majority  of  the  members  of  the  board,  and 
all  meetings  shall  be  open  to  the  public  unless  otherwise  spe- 
cially ordered.     (L.  '09,  p.  291,  §  9;  Rem.  &  Bal.,  §  4502.) 

185.  The  board  must  maintain  an  office      • 

The  board  of  directors  shall  maintain  an  office  where  all 
regular  meetings  shall  be  held,  and  all  records,  vouchers  and 
other  important  papers  belonging  to  the  board  may  be  pre- 
served, and  shall  at  all  times  be  open  for  inspection  of  resident 
taxpayers.     (L.  '09,  p.  291,  §  10;  Rem.  &  Bal.,  §  4503.) 

186.  How  moneys  shall  be  paid  out 

The  moneys  of  such  school  districts  shall  be  paid  out  only 
upon  warrants  signed  by  the  president,  or  a  majority  of  the 
board  of  directors,  and  countersigned  by  the  secretary:  Pro- 
vided, That  when,  in  the  judgment  of  the  board  of  directors, 
the  warrants  issued  by  the  district  monthly  shall  have  reached 
such  numbers  that  the  signing  of  each  warrant  by  the  presi- 
dent personally  imposes  too  great  a  task  on  the  president,  the 
board  of  directors,  after  auditing  all  payrolls  and  bills  as  pro- 
vided by  section  14  of  this  article,  may  authorize  the  issuing 
of  one  general  certificate  to  the  county  treasurer,  to  be  signed 
by  the  president,  authorizing  said  treasurer  to  pay  all  the 
warrants  specified  by  date,  number,  name  and  amount,  and  the 
funds  on  which  said  warrants  shall  be  drawn.  And  the  secre- 
tary of  said  board  shall  be  authorized  to  draw  and  sign  said 
warrants.     L.  '09,  p.  292,  §  11;  Rem.  &  Bal.,  §  4504.) 

187.  The  board  to  fill  vacancies 

The  board  of  directors  shall  have  power  to  fill,  by  election, 
any    vacancy    which    may    occur  in  its  body,  but  the  election 


STATE  OF  WASHINGTON  91 

to  fill  such  vacancy  shall  be  valid  only  until  the  next  regular 
district  election,  and  the  ballots  and  returns  shall  be  designated 
as  follows:  "To  fill  unexpired  term."  (L.  '09,  p.  292,  §  12; 
Rem.  &  Bal.,  §  4505.) 

188.  The  board  may  compel  attendance  of  its  members 

A  majority  of  all  members  of  the  board  of  directors  shall 
constitute  a  quorum,  but  a  less  number  in  attendance  at  any 
regular  meeting  shall  have,  and  a  quorum  at  any  special  meet- 
ing shall  have,  power  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  the  board 
may  see  fit  to  prescribe;  and  the  absence  of  any  member  from 
four  consecutive  regular  meetings  of  the  board,  unless  on  ac- 
count of  sickness  or  by  resolution  of  the  board,  shall  vacate 
his  position  in  the  board,  which  fact  shall  be  passed  upon  by 
the  board  of  directors  and  spread  upon  their  records.  (L.  '09, 
p.  292,  §  13;  Rem.  &  Bal.,  §  4506.) 

189.  Auditing  committee 

All  accounts  shall  be  audited  by  a  committee  to  be  styled  the 
"auditing  committee,"  and  no  expenditures  greater  than  $300 
shall  be  voted  by  the  board  except  in  accordance  with  a  written 
contract,  nor  shall  any  money  or  appropriation  be  paid  out  of 
the  school  fund  except  on  a  recorded  affirmative  vote  of  a  ma- 
jority of  all  members  of  the  board:  Provided,  That  nothing 
herein  shall  be  construed  to  prevent  the  board  from  making  any 
repairs  or  improvements  to  the  property  of  the  district  through 
their  shop  and  repair  department;  and  the  accounts  and  the 
records  of  said  board  shall  at  all  times  be  subject  to  the  in- 
spection and  examination  of  the  county  superintendent  of  said 
county,  whose  duty  it  shall  be,  annually,  to  examine  said  rec- 
ords and  check  said  accounts,  and  report  in  writing  to  the 
board  of  county  commissioners  the  nature  and  state  of  said 
accounts,  and  any  facts  that  may  be  required  concerning  said 
records.     (L.  '09,  p.  292,  §  14;  Rem.  &  Bal.,  §  4507.) 

190.  The  board  shall  advertise  for  bids 

When,  in  the  opinion  of  the  board,  the  cost  of  any  furniture, 
supplies,  building,  improvements  or  repairs  will  equal  or  ex- 


92  CODE  OF  PUBLIC  INSTRUCTION 

ceed  the  sum  of  $300,  it  shall  be  the  duty  of  the  board  to  give 
notice  by  publication,  in  at  least  one  daily  newspaper  pub- 
lished within  said  district,  and  if  there  be  no  daily,  then  in  one 
or  more  weekly  papers,  in  three  regular  consecutive  issues,  of 
the  intention  to  receive  bids  therefor;  and  the  board  shall  de- 
termine the  specifications  for  such  bids,  which  shall  be  public: 
Provided,  That  the  board  may,  without  giving  such  notice, 
make  improvements  or  repairs  to  the  property  of  such  district 
through  their  shop  and  repair  department.  (L.  '09,  p.  293, 
§  15;  Rem.  &  Bal.,  §  4508.) 

After  a  school  board  has  duly  advertised  for  bids  for  the  erection  of  a  school 
house  it  may  make  alterations  in  the  specifications  reducing  the  cost  of  the 
building,  making  proper  deductions  on  account  of  work  eliminated  and  additions 
for  extras,  and  thereupon  enter  into  a  contract  with  the  lowest  bidder,  without 
readvertisement,  so  long  as  the  general  plan  of  the  building  remains  substan- 
tially the  same,  and  the  parties  act  in  good  faith :  Criswell  v.  Directors  School 
District,  34  Wash.  420. 

A  finding  of  the  trial  court  that  a  contractor  and  architect  were  guilty  of 
fraud  in  suggesting  changes  in  the  specifications  for  a  school  building  is  not 
warranted  where  the  specifications  in  the  main  were  identical,  and  a  committee 
of  the  board  were  unable  to  find  any  material  changes,  except  such  as  were 
agreed  to  and  deductions  made  therefor :     Id. 

191.     Powers  of  the  board 

Every  board  of  directors  of  a  school  district  of  the  first 
class  shall,  in  addition  to  the  general  powers  enumerated  in 
article  4 [2],  chapter  4,  of  this  title,  have  the  power: 

First.  To  employ  for  a  term  of  not  exceeding  three  years 
a  city  superintendent  of  schools  of  the  district,  and  for  cause 
to  dismiss  him;  and  to  fix  his  duties  and  compensation. 

Second.  To  prescribe  a  course  of  study  and  a  program  of 
exercises,  which  shall  not  be  inconsistent  with  the  course  of 
study  prepared  by  the  State  Board  of  Education  for  the  use 
of  the  common  schools  of  this  state. 

Third.  To  make  necessary  by-laws  for  more  effectively  car- 
rying out  the  provisions  of  this  act,  and  for  facilitating  the 
work  of  the  board,  as  required  by  law. 

Fourth.  To  adopt  and  enforce  such  rules  and  regulations 
as  may  be  deemed  essential  to  the  well  being  of  the  schools,  and 
to  establish  and  maintain  such  grades  and  departments,  in- 
cluding night,  high,  kindergarten,  manual  training  and  in- 
dustrial schools,  and  schools  or  departments  for  the  education 


STATE  OP  WASHINGTON 


and  training  of  any  class  or  classes  of  defective  youth,  as  shall, 
in  the  judgment  of  the  board,  best  promote  the  interests  of 
education  in  that  district. 

Fifth.  To  employ,  and,  for  cause,  to  dismiss,  teachers  and 
janitors;  to  determine  the  length  of  time  over  and  above  eight 
(8)  months  that  school  shall  be  maintained,  such  length  of 
time  to  give  a  consecutive  vacation  of  not  less  than  three 
months  between  June  1st  of  any  year  and  September  15th  of 
the  same  year;  to  fix  the  time  for  annual  opening  and  closing 
of  schools,  and  for  the  daily  dismissal  of  primary  pupils  be- 
fore the  regular  time  for  closing  schools. 

Sixth.  To  employ  attorneys,  an  architect,  inspectors  of 
construction,  superintendents  of  buildings  and  janitors,  and  a 
superintendent  of  supplies  and  other  employes,  and  to  pre- 
scribe their  duties  and  fix  their  compensation. 

Seventh.  To  employ,  and,  for  cause,  dismiss  one  or  more 
assistant  city  superintendents  and  to  define  their  duties  and 
fix  their  compensation. 

Eighth.  To  employ,  and,  for  cause,  dismiss  supervisors  of 
instruction,  and  to  define  their  duties  and  fix  their  compensa- 
tion. 

Ninth.  To  maintain  a  shop  and  repair  department,  and  to 
employ  a  foreman  and  the  necessary  help  for  the  maintenance 
and   conduct  thereof. 

Tenth.  To  provide  free  text-books  and  supplies  for  all 
children  attending  school,  when  so  ordered  by  a  vote  of  the 
electors ;  or,  if  free  text-books  are  not  voted  by  the  electors, 
to  provide  books  for  children  of  indigent  parents,  on  the 
written  statement  of  the  city  superintendent  that  the  parents 
of  such  children  are  not  able  to  purchase  them. 

Eleventh.  To  require  successful  vaccination  as  a  condi- 
tion of  school  membership  and  to  provide  free  vaccination  to 
all  who  are  unable  to  pay  for  the  same:  Provided,  however, 
That  a  pupil  showing  a  certificate  by  a  reputable  physician 
that  the  condition  of  such  child  or  pupil  is  such  that  it  would 


94  CODE  OF  PUBLIC  INSTRUCTION 

be  injurious  to  its  health  and  possibly  dangerous  to  its  life: 
And  provided  further,  That  a  child  or  pupil  showing  certifi- 
cate by  a  reputable  physician  to  the .  effect  that  vaccination 
has  failed  to  take  effect,  such  child  or  pupil  shall  have  access 
to  the  school  and  vaccination  shall  not  be  a  condition  to  school 
membership  to  such  child  or  pupil. 

Twelfth.  To  require  of  the  officers  or  employes  of  the  dis- 
trict to  give  a  bond  for  the  faithful  discharge  of  their  duties 
in  such  penal  sum  as  may  be  fixed  by  the  board  with  good 
and  sufficient  surety,  and  to  cause  the  premium  for  all  bonds 
required  of  all  such  officers  or  employes  to  be  paid  by  the 
district. 

Thirteenth.  To  prohibit  all  secret  fraternities  and  sorori- 
ties among  the  students  in  any  of  the  schools  of  the  said  dis- 
tricts. 

Fourteenth.  To  appoint  a  practicing  physician,  resident 
of  the  school  district,  who  shall  be  known  as  the  school  dis- 
trict medical  inspector,  and  whose  duty  it  shall  be  to  decide 
for  the  board  of  directors  all  questions  of  sanitation  and  health 
affecting  the  safety  and  welfare  of  the  public  schools  of  the 
district;  he  or  authorized  deputies  shall  make  monthly  inspec- 
tions of  each  school  in  the  district  and  report  the  condition  of 
the  same  to  the  Board  of  Education  and  Board  of  Health. 
(L.  '09,  p.  293,  §  16;  Rem.  &  Bal.,  §  4509.) 

See,  infra,  §§  457,  459,  Code  Pub.  Ins.,  permanent  fire  insurance  fund. 

A  board  of  directors  cannot  conduct  a  summer  school  as  the  law  states  that 
there  should  be  a  three  months'  vacation. — Lyle. 

Dancing  should  not  be  permitted  in  scliool  houses. — Stratton. 

Publications  of  a  Greek  letter  fraternity  showing  a  spirit  of  insubordination 
to  the  authorities  of  a  high  school  are  sufficient  to  support  a  finding  that  the 
fraternity  was  detrimental  to  good  order  in  the  schools:  Wayland  v.  Hughes, 
43   Wash.   441. 

The  legislature  has  power  to  require  all  minors  to  attend  the  public  schools 
and  all  pupils  to  be  vaccinated.     McFadden  v.  Shorrock,  55  Wash.  209. 

192.     Shall  take  school  census 

The  board  of  directors  shall  annually  in  May  of  each  year 
cause  to  be  taken  an  enumeration  of  all  persons  between  the 
ages  of  five  and  twenty-one  years  residing  in  the  district; 
said  enumeration  shall  be  made  on  blanks   or  books  provided 


STATE  OF  WASHINGTON  95 

by  the  district  and  shall  contain  such  items  as  the  Superin- 
tendent of  Public  Instruction  shall  require,  including  the  fol- 
lowing: The  names  of  all  persons,  male  and  female,  between 
the  ages  of  five  and  twenty-one  years  residing  in  the  district 
on  the  first  day  of  May  last  past;  the  date  of  birth  of  such 
child;  the  names  and  residences  of  the  parents  or  guardians 
of  all  such  children.  The  census  shall  be  taken  by  the  secre- 
tary and  such  enumerators  as  he  shall  select,  subject  to  the 
approval  of  the  board  or  its  proper  committee.  The  enum- 
erators shall  receive  such  compensation  as  the  board  may 
deem  just.  Each  enumerator  shall  verify  by  oath  the  cor- 
rectness of  his  report.  The  secretary  of  the  district  shall  re- 
port to  the  county  superintendent  of  schools  on  or  before  the 
15th  day  of  the  ensuing  July  the  total  number  of  males  and 
the  total  number  of  females  enumerated,  together  with  a  com- 
plete list  containing  the  detailed  information  herein  required 
of  all  defective  youth  residing  in  said  district.  (L.  '09,  p. 
295,  §  17;  Rem.  &  Bal.,  §  4510.) 

The  law  requiring  the  taking  of  the  school  census  annually  is  mandatory. 
The  Code  of  Public  Instruction  is  presumed  to  be  the  law  until  proven  to  be  In 
conflict  with  the  statutes. — Atkinson. 

193.     When  board  may  sell  property 

The  board  of  directors  shall  have  power  to  sell  any  of  the 
property  of  the  district  which  is  no  longer  required  for  school 
purposes  at  public  or  private  sale  upon  such  terms  as  they 
may  direct  if  the  value  thereof  be  less  than  two  thousand  dol- 
lars. The  question  of  the  sale  of  school  property  which  may 
be  found  by  the  board  of  directors  to  be  unsuitable  for  school 
purposes,  and  to  be  of  greater  value  than  two  thousand  dol- 
lars, shall  be  submitted  to  a  vote  of  the  electors  of  the  district, 
either  at  a  general  election  or  at  a  special  election  called  to 
be  held  for  that  purpose,  as  may  be  directed  by  the  board  of 
directors,  and  if  a  majority  of  the  voters  of  the  district  voting 
thereon  shall  be  for  the  sale  of  the  property  the  directors  may 
make  the  sale  at  public  auction.  The  sale  must  be  made  for 
cash  and  good  title  will  be  conveyed  by  deed  of  the  school  dis- 


96 


CODE  OF  PUBLIC  INSTRUCTION 


trict,  executed  by  the  president  or  the  vice-president  and  sec- 
retary of  the  board.  (L.  '09,  p.  296,  §  18;  Rem.  &  Bal., 
§  4511.) 

194.     Shall  direct  commissioners  to  levy  taxes 
(See,  also,  sections  435  to  438) 

The  board  of  directors  shall  annually,  at  a  meeting  next 
preceding  the  annual  tax  levy  for  state  and  county  purposes, 
report  to  the  board  of  county  commissioners  an  estimate  of 
the  amount  of  funds,  in  addition  to  estimated  receipts  from 
the  state  and  county  apportionments  for  said  district,  re- 
quired for  the  support  of  the  schools,  for  the  purchase  of  school 
sites,  the  erection  and  furnishing  of  school  buildings,  the  pay- 
ment of  interest  upon  all  bonds  issued  for  school  purposes,  and 
the  creation  of  a  sinking  fund  for  the  payment  of  such  indebt- 
edness, if  any,  and  the  county  commissioners  are  hereby  au- 
thorized and  required  to  levy  and  collect  such  additional  amount 
of  funds,  the  same  as  other  taxes :  Provided,  That  for  the  pur- 
pose of  the  purchase  of  school  sites  and  the  erection  of  build- 
ings the  board  of  directors  of  a  district  of  the  first  class  in 
cities  having  a  population  of  fifty  thousand  or  less,  may  annu- 
ally expend  a  sum  not  exceeding  $50,000 ;  in  cities  having  a 
population  greater  than  50,000  and  less  than  100,000,  a  sum 
not  exceeding  $100,000 ;  in  cities  having  a  population  greater 
than  100,000  and  less  than  200,000,  a  sum  not  exceeding  $200,- 
000,  and  for  every  additional  50,000  of  population  beyond 
200,000  a  further  sum  of  $50,000:  And  provided  further, 
That  when  any  greater  expenditure  shall  be  required  for  said 
purposes,  in  any  one  current  school  year,  the  question  shall  be 
submitted  to  a  vote  of  the  electors  of  the  district  at  the  time  and 
place  the  board  of  directors  may  appoint.  The  board  of  di- 
rectors shall,  previous  to  such  election,  designate  in  one  daily 
paper  published  in  the  district,  if  there  be  one,  if  not,  then  in 
such  weekly  papers  as  may  be  selected  by  the  board,  the  place 
or  places  where  such  election  shall  be  held,  the  locality  of  the 
site  or  sites  required  and  the  proposed  cost  of  the  buildings  to 


STATE  OF  WASHINGTON  97 

be   erected   thereon.      (L.    '09,   p.    296,    §    19;    Rem.    &   Bal., 
§  4512.) 

See  const.,  art.  VIII,  §  6,  limit  of  indebtedness. 

See,  infra,   §  203,   Code  Pub.    Ins.,   second  class  districts. 

See  infra,  §219,  Code  Pub.  Ins.,  third  class  districts. 

See  §§  9208-9211,  Rem.  &  Bal.,  publication  of  itemized  estimate. 

If  a  school  district  in  a  city  of  more  than  10,000  inhabitants  has  been  en- 
larged, the  funds  for  the  district  so  enlarged  should  be  raised  from  the  whole 
district  by  equal  taxation,  and  under  the  laws  of  1890,  page  394,  the  question 
of  providing  funds  cannot  be  affected  by  the  fact  that  the  assessment  period 
commenced  prior  to  the  enlargement,  or  that  the  boundaries  of  the  district  have 
been  changed  since  the  commencement  of  the  assessment  period  :  School  District 
v.  King  County,  3  Wash.   154. 

Where  the  map  of  the  county  showing  school  district  boundaries  required 
by  the  law  of  1891,  page  300,  §53,  to  be  furnished  the  assessor  by  the  county 
commissioners  has  not  been  corrected  by  the  assessor  after  the  enlargement  of  a 
certain  school  district  in  the  county,  and  the  assessment  list  made  to  tally 
therewith,  it  is  the  duty  of  the  auditor,  from  the  data  in  his  possession,  to  make 
the  necessary  corrections  in  extending  the  tax  :     Id. 

Under  Ballinger's  Code,  §2367  (Rem.  &  Bal.  §4512),  the  board  of  directors  of 
school  district  number  10,  Pierce  county,  has  authority  to  purchase  a  site  for  a 
high  school  for  the  sum  of  $32,000,  when  it  did  not  exceed  the  constitutional 
limit  of  indebtedness  of  the  district :     Nichols  v.  School  District,  39  Wash.  137. 

An  illegal  or  invalid  purchase  of  a  high  school  site  by  a  school  district  board 
is  impliedly  ratified  by  a  vote  of  the  district  at  a  special  election,  authorizing 
the  building  of  a  high  school  thereon  and  the  issuance  of  bonds  therefor  :     Id. 

It  is  competent  for  the  legislature  to  provide  that  the  amount  of  school  tax 
shall  be  determined  by  the  school  board  and  to  require  that  the  ministerial  act 
of  making  the  levy  be  performed  by  the  board  of  county  commissioners  :  State 
ex  rel.  Evers  v.  Byrne,  32  Wash.  264. 

The  notice  of  a  meeting  of  the  voters  of  a  school  district  to  decide  upon  the 
selection  of  a  school  building  site  and  authorize  its  purchase  needs  the  hour  at 
which  polls  will  be  opened,  as  voting  by  ballot  is  not  required,  and  a  notice 
fixing  the  time  of  the  meeting  at  1  o'clock  p.  m.  is  sufficient :  Regan  v.  School 
District  No.  25,  44  Wash.  523. 

195.      Maximum  tax  levy 

The  tax  levied  for  school  purposes  in  districts  of  the  first 
class  shall  in  no  one  year  exceed  one  (1)  per  cent,  of  the  as- 
sessed value  of  all  the  taxable  property  in  the  district:  Pro- 
vided, That  when  any  greater  expenditure  shall  be  deemed  nec- 
essary in  any  one  current  school  year  by  the  directors,  the  ques- 
tion shall  be  submitted  to  a  vote  of  the  electors  of  the  district  at 
the  time  and  place  appointed  by  the  board  of  directors ;  and 
notice  thereof  shall  be  given  as  provided  in  section  19  hereof, 
which  notice  shall  specify  the  amount  of  taxes  proposed  to  be 
raised  in  excess  of  the  said  one  (1)  per  cent.,  and  if  a  majority 
of  the  electors  voting  thereon  at  said  election  shall  be  in  favor 
of  such  additional  tax,  the  entire  amount  so  authorized  shall 


gg  CODE  OP  PUBLIC  INSTRUCTION 


be  levied  and  collected.  No  levy,  however,  shall  exceed  two  (2) 
per  cent  of  all  the  taxable  property  of  said  district.  (L.  '09, 
p.  297,  §  20;  Rem.  &  Bal.,  §  4513.) 

See,  infra,  §  281,  Code  Pnb.  Ins.,  state   levy. 

See,  infra,  §  283,  Code  Pub.  Ins.,  county  levy,  limit. 

See,  infra,  §286,  Code  Pub.  Ins.,  district  levy. 

See,  infra,  §  618,  Code  Pub.  Ins.,  exemptions. 

A  school  board  cannot  contract  indebtedness  in  excess  of  the  income  of  the 
district  for  the  current  year. — Knickerbocker. 

The  board  of  county  commissioners  has  no  authority  to  make  a  levy  for 
school  district  purposes  in  excess  of  one  per  cent,  of  the  assessed  valuation  of 
all  the  taxable  property  of  the  district  without  the  same  having  been  authorized 
by  a  vote  of  the  electors  of  the  school  district. — Lyle. 

The  board  of  county  commissioners  are  authorized  and  required  to  levy  and 
collect  the  amount  of  taxes  necessary  for  school  purposes  in  addition  to  the 
estimated  receipts  from  other  sources. — Tanner. 

Article  IV — Directors  of  Districts  of  the  Second  Class 

196.  Election  of  directors 

Directors  of  school  districts  of  the  second  class  shall  consist 
of  three  members.  They  shall  be  elected  by  ballot  by  the  quali- 
fied electors  of  the  district,  and  shall  hold  their  office  for  a 
term  of  three  years  and  until  their  successors  are  elected  and 
qualified.  In  case  vacancies  are  to  be  filled  and  a  successor  or 
successors  to  be  elected  to  fill  an  unexpired  term  or  terms,  the 
ballot  shall  specify  the  term  for  which  each  director  is  to  be 
elected.     (L.  '09,  p.  297,  §  1 ;  Rem.  &  Bal.,  §  4514.) 

197.  Election  the  first  Saturday  in  March 

The  regular  district  election  in  each  district  of  the  second 
class  shall  be  held  on  the  first  Saturday  in  March  of  each  year, 
and  such  election  shall  be  held  in  the  manner  provided  in  article 
1,  chapter  13,  of  this  title.  (L.  '09,  p.  298,  §  2;  Rem.  &  Bal., 
§  4515.) 

At  first  regular  elections  in  new  districts  of  the  second  class,  other  than 
consolidated  districts  containing  one  incorporated  city  or  town,  three  directors 
shall  be  elected  for  terms  of  one,  two  and  three  years  respectively,  and  there- 
after at  each  regular  election  one  director  shall  be  elected  for  a  term  of  three 
years. — Lyle. 

198.  How  vacancies  are  filled 

In  case  the  electors  of  any  district  of  the  second  class  shall 
neglect  or  fail  to  elect  directors  as  hereinbefore  provided,  the 


STATE  OF  WASHINGTON  99 


county  superintendent  may  declare  vacant  the  office  of  any 
director  at  the  expiration  of  his  term ;  and  in  case  of  a  vacancy 
in  the  board  of  directors  from  any  cause,  the  county  superin- 
tendent, in  conjunction  with  the  other  directors  if  there  be 
two,  shall  fill  such  vacancy  by  appointment  until  the  fourth 
Monday  following  the  next  annual  election.  (L.  '09,  p.  298, 
§  3 ;  Rem.  &  Bal.,  §  4516.) 

199.  Shall  take  oath  of  office 

All  persons  elected  as  members  of  the  board  of  directors  of 
districts  of  the  second  class  shall,  within  ten  days  thereafter, 
appear  before  an  officer  authorized  to  administer  oaths,  take 
and  subscribe  the  usual  oath  of  office  and  deliver  the  same  to 
the  county  superintendent  of  schools,  and  in  case  any  person 
elected  shall  fail  so  to  do,  his  election  shall  be  void  and  the 
office  shall  be  deemed  vacant.  (L.  '09,  p.  298,  §  4;  Rem.  & 
Bal.,  §  4517.) 

200.  When  the  board  must  organize 

The  term  of  office  of  directors  of  districts  of  the  second  class 
shall  begin  on  the  fourth  Monday  next  succeeding  their  elec- 
tion, on  which  day  the  directors  shall  meet  at  the  hour  of  two 
o'clock  p.  m.,  and  shall  at  once  organize  by  electing  one  of 
their  members  as  chairman  of  the  board.  They  shall  also  elect 
a  person  to  act  as  clerk,  who  may  or  may  not  be  a  member  of 
the  board  of  directors.  The  chairman  and  clerk  shall  both 
immediately  enter  upon  the  discharge  of  their  duties  and  shall 
serve  for  a  period  of  one  year:  Provided,  That  if  any  such 
clerk  shall  fail  to  discharge  his  duties  in  accordance  with  law, 
the  board  of  directors  may,  at  any  time,  remove  such  clerk 
and  elect  another  person  to  fill  the  unexpired  term.  (L.  '09, 
p.  298,  §  5;  Rem.  &  Bal.,  §  4518.) 

201.  Regular  and  special  meetings  of  the  board 

The  regular  meetings  of  the  board  of  directors  shall  occur 
on  the  first  Friday  of  each  month,  and  they  may  hold  such  other 
special  or  adjourned  meetings  as  they  may  from  time  to  time 
determine,   or   as   may  be   specified   in   their  by-laws.      Special 


100  CODE  OF  PUBLIC  INSTRUCTION 


meetings  may  be  called  by  the  chairman  or  by  any  two  mem- 
bers of  the  board.     (L.  '09,  p.  299,  §  6;  Rem.  &  Bal.,  §  4519.) 

202.  Shall  buy  books,  apparatus,  etc. 

Every  board  of  directors  of  districts  of  the  second  class,  in 
addition  to  the  powers  and  duties  enumerated  in  article  4  [2], 
chapter  4,  of  this  title,  shall  have  the  power  and  it  shall  be 
their  duty  to  provide  and  pay  for  such  materials,  supplies  and 
libraries,  as  may  be  necessary  for  the  schools,  and  to  purchase 
such  maps,  charts  and  other  apparatus  as  may  be  deemed  nec- 
essary for  the  use  of  their  schools.  (L.  '09,  p.  299,  §  7 ;  Rem. 
&  Bal.,  §  4520.) 

203.  Shall  direct  commissioners  to  levy  taxes 

The  board  of  directors  shall  annually  at  a  meeting  preceding 
the  annual  tax  levy  for  state  and  county  purposes,  report  to 
the  board  of  county  commissioners  an  estimate  in  detail  of  the 
amount  of  funds  which  will  be  required  by  their  district  for  all 
purposes  for  the  ensuing  year,  and  the  county  commissioners 
are  hereby  authorized  and  required  to  levy  and  collect  such 
amount,  after  deducting  the  estimated  receipts  from  the  state 
and  county  apportionment  for  said  districts,  said  estimate  to 
be  furnished  by  the  county  superintendent  of  schools.  The 
levy  in  any  one  year  shall  not  exceed  one  (1)  per  cent,  of  the 
assessed  value  of  all  the  taxable  property  of  the  district:  Pro- 
vided, That  when  any  greater  expenditure  in  any  one  current 
school  year  shall  be  deemed  necessary,  the  question  shall  be 
submitted  to  a  vote  of  the  electors  of  the  district  at  the  time 
and  place  and  in  the  manner  provided  for  calling  special  elec- 
tions. The  notice  of  such  election  shall  specify  the  amount 
of  taxes  proposed  to  be  raised  in  excess  of  the  said  one  (1) 
per  cent.,  and  if  a  majority  of  the  electors  voting  thereon  at 
said  election  shall  be  in  favor  of  such  additional  tax,  the  entire 
amount  so  authorized  shall  be  levied  and  collected.  No  tax, 
however,  shall  exceed  two  (2)  per  cent,  of  all  the  taxable 
property  of  said  district.  In  case  any  board  of  directors  shall 
fail  to  make  and  report  the  said  estimate  to  the  board  of 
county  commissioners  on  or  before  the  first  day  of  September, 


STATE  OF  WASHINGTON  101 

it  shall  be  the  duty  of  the  county  school  superintendent  to 
make  such  estimate,  which  will  be  accepted  in  lieu  of  the  di- 
rectors' estimate.     (L.  '09,  p.  299,  §  8;  Rem.  &  Bal.,  §  4521.) 

See,  infra,  §435,  Code  Pub.  Ins.,  detailed  estimate  of  expenditures. 

See,  infra,   §  438,  Code  Pub.  Ins.,  penalty. 

See,  supra.  §§194,  195,    Code  Pub  Ins.,  first  class  districts. 

See,  infra,  §  219,  Code  Pub.  Ins.,  tbird  class  districts. 

The  county  commissioners  cannot  make  a  levy  in  excess  of  one  per  cent,  of 
the  taxable  property  of  the  county  without  a  vote  of  the  people  :     Lyle. 

A  school  board  cannot  contract  indebtedness  in  excess  of  the  income  of  the 
district  for  the  current  year. — Knickerbocker. 

The  board  of  county  commissioacrs  has  no  authority  to  make  a  levy  for 
school  district  purposes  in  excess  of  one  per  cent,  of  the  assessed  valuation  of 
all  the  taxabpe  property  of  the  district  without  the  same  having  been  authorized 
by  a  vote  of  the  electors  of  the  school  disrict. — Lyle. 

The  board  of  county  commissioners  are  authorized  and  required  to  levy  and 
collect  the  amount  of  taxes  necessary  for  school  purposes  in  addition  to  the 
estimated  receipts  from  other  sources. — Tanner. 

204.  Shall  select  sites  and  build  houses  when  directed  by  the  people 
The  board  shall  build  or  remove  school  houses,  purchase  or 

sell  lots  or  other  real  estate  when  directed  by  a  vote  of  the 
district  to  do  so :  Provided,  That  a  school  house  already  built 
on  a  site  which  has  been  selected  by  a  majority  vote  of  the 
legal  school  electors  of  a  district  shall  not  be  removed  to  a 
new  site  without  a  two-thirds  vote  of  the  school  electors  voting 
at  an  annual  or  special  election;  nor  shall  a  school  house  site 
that  has  been  selected  by  a  majority  vote  of  the  legal  school 
electors,  but  upon  which  no  school  house  has  been  built,  be 
changed  except  by  a  two-thirds  vote  of  the  legal  school  electors 
voting  at  an  annual  or  special  election  as  hereinbefore  pro- 
vided.    (L.  '09,  p.  300,  §  9;  Rem.  &  Bal.,  §  4522.) 

A  school  district  may  authorize  the  levy  of  a  tax  and  draw  on  the  fund  thus 
created  for  the  building  of  a  school  house. — Tanner. 

A  two-thirds  vote  of  the  qualified  electors  of  the  district  voting  at  the 
election  will  be  necessary  in  order  to  change  the  location  of  a  site  theretofore 
selected. — Campbell. 

205.  Shall  elect  teachers,  when 

No  board  of  directors  shall  employ  any  teacher  or  teachers 
whose  term  or  terms  of  service  begin  after  the  first  Monday 
in  August,  until  after  the  directors  elected  at  the  annual  school 
election  in  said  year  shall  have  entered  upon  the  discharge  of 
their  duties.     (L.  '09,  p.  300,  §  10;  Rem.  &  Bal.,  §  4523.) 


102  CODE  OF  PUBLIC  INSTRUCTION 

206.  Shall  elect  superintendent  or  principal 

In  all  districts  of  the  second  class  the  board  of  directors 
shall  elect  a  superintendent,  or  a  principal,  who  shall  hold  a 
valid  teacher's  certificate.  The  said  superintendent,  or  prin- 
cipal, shall  have  supervision  over  the  several  departments  of 
the  school,  and  the  board  of  directors  may  contract  with  him 
for  a  term  of  one  year,  or  a  term  of  two  years,  as  may  be 
deemed  best  in  their  judgment.  (L.  '09,  p.  300,  §  11 ;  Rem. 
&  Bal.,  §  4524.) 

207.  Minimum  term  six  months 

In  all  districts  of  the  second  class  the  minimum  school  term 
for  each  year  shall  be  six  months.  (L.  '09,  p.  300,  §12; 
Rem.  &  Bal.,  §  4525.) 

Aeticle  V — Directors  of  Districts  of  the  Third  Class 

208.  Election  of  directors 

Directors  of  school  districts  of  the  third  class  shall  consist 
of  three  members.  They  shall  be  elected  by  ballot  by  the  quali- 
fied electors  of  the  district,  and  shall  hold  their  office  for  a 
term  of  three  years  and  until  their  successors  are  elected  and 
qualified.  At  the  first  annual  election  in  all  new  districts  three 
directors  shall  be  elected  for  one,  two  and  three  years  respect- 
ively, and  the  ballots  at  such  election  shall  specify  the  term 
for  which  each  is  to  be  elected.  At  each  election  after  the  first, 
one  director  shall  be  elected  for  a  term  of  three  years.  In  case 
vacancies  are  to  be  filled  and  a  successor  or  successors  to  be 
elected  to  fill  an  unexpired  term  or  terms,  the  ballots  shall 
specify  the  term  for  which  each  director  is  to  be  elected.  (L. 
'09,  p.  300,  §  1 ;  Rem.  &  Bal.,  §  4526.) 

209.  Election  on  first  Saturday  in  March 

The  regular  district  election  in  each  district  of  the  third 
class  shall  be  on  the  first  Saturday  in  March  of  each  year,  and 
such  election  shall  be  held  in  the  manner  provided  in  article  1, 
chapter  13,  of  this  title.  (L.  '09,  p.  301,  §  2;  Rem.  &  Bal., 
§  4527.) 


STATE  OF  WASHINGTON  103 

210.  County  superintendent  shall  fill  vacancies 

In  case  the  electors  of  any  district  of  the  third  class  shall 
neglect  or  fail  to  elect  directors  as  hereinbefore  provided,  the 
county  superintendent  may  declare  vacant  the  office  of  any  di- 
rector at  the  expiration  of  his  term;  and  in  case  of  a  vacancy 
in  the  board  of  directors  from  any  cause,  the  county  superin- 
tendent shall  fill  such  vacancy  by  appointment  until  the  fourth 
Monday  following  the  next  annual  election.  (L.  '09,  p.  301, 
§3;  Rem.  &  Bal.,  §4528.) 

211.  Shall  take  oath  of  office 

All  persons  elected  as  members  of  the  board  of  directors  of 
districts  of  the  third  class  shall,  within  ten  days  thereafter, 
appear  before  an  officer  authorized  to  administer  oaths,  take 
and  subscribe  the  usual  oath  of  office  and  deliver  the  same  to 
the  county  superintendent  of  schools,  and  in  case  any  person 
elected  shall  fail  so  to  do,  his  election  shall  be  void  and  the 
office  shall  be  deemed  vacant.  (L.  '09,  p.  301,  §3;  Rem.  & 
Bal.,  §  4529.) 

212.  Organization  of  board 

The  term  of  office  of  directors  of  districts  of  the  third  class 
shall  begin  on  the  fourth  Monday  next  succeeding  their  elec- 
tion, on  which  day  the  directors  shall  meet  at  the  hour  of  two 
o'clock  p.  m.,  and  shall  at  once  organize  by  electing  one  of 
their  members  as  chairman  and  another  as  clerk,  who  shall 
each  immediately  enter  upon  the  discharge  of  his  duties,  and 
shall  serve  for  the  period  of  one  year:  Provided,  That  if  any 
such  clerk  shall  fail  to  discharge  his  duties  in  accordance  with 
law,  the  board  of  directors  may,  at  any  time,  remove  such 
clerk  and  elect  another  of  their  number  to  fill  the  unexpired 
term.     (L.  '09,  p.  301,  §  5;  Rem.  &  Bal.,  §  4530.) 

213.  Regular  and  special  meetings  of  board 

A  regular  meeting  of  each  board  of  directors  of  districts  of 
the  third  class  shall  be  held  on  the  first  Saturday  of  February, 
May,  August  and  November,  and  they  may  hold  such  other 
special  or  adjourned  meetings  as  they  may  from  time  to  time 


104  CODE  OF  PUBLIC  INSTRUCTION 


determine,  or  as  may  be  specified  in  their  by-laws.  Special 
meetings  may  be  called  by  the  chairman  or  by  any  two  mem- 
bers of  the  board.   (L.  '09,  p.  302,  §  6;  Rem.  &  Bal.,  §  4531.) 

214.  Shall  purchase  books,  apparatus,  etc. 

Every  board  of  directors  of  districts  of  the  third  class  shall, 
in  addition  to  the  power  and  duties  enumerated  in  article  4 [2], 
chapter  4,  of  this  title,  have  power  and  it  shall  be  their  duty 
to  provide  and  pay  for  such  materials,  supplies  and  libraries 
as  may  be  necessary  for  the  schools,  and  to  purchase  such 
maps,  charts  and  other  apparatus  as  may  have  the  written 
approval  of  the  county  school  superintendent.  (L.  '09,  p. 
302,  §  7;  Rem.  &  Bal.,  §  4532.) 

215.  When  a  principal  shall  be  elected 

In  all  districts  where  the  number  of  children  of  school  age 
is  sufficient  to  require  the  employment  of  more  than  one  teacher, 
the  board  shall  designate  one  of  such  teachers  as  principal, 
and  such  principal  shall  have  general  supervision  over  the 
several  departments  of  such  school.  The  school  or  schools  in 
such  districts  shall  be  graded  in  such  a  manner  as  the  directors 
thereof  shall  deem  best  suited  to  the  conditions  of  such  dis- 
tricts.    (L.  '09,  p.  302,  §  8;  Rem.  &  Bal.,  §  4533.) 

216.  When  a  superintendent  shall  be  elected 

The  directors  of  any  districts  wherein  schools  are  maintained 
in  two  or  more  buildings  shall  elect  a  superintendent,  who  may 
be  a  teacher  in  the  schools  of  such  district,  and  such  superin- 
tendent shall  have  general  supervision  over  the  schools  in  such 
district  in  accordance  with  the  rules  and  regulations  of  the 
board  of  directors.  (L.  '09,  p.  302,  §  9;  Rem.  &  Bal.,  §  4534.) 

217.  Superintendent  or  principal  shall  make  report 

It  shall  be  the  duty  of  the  principal  or  superintendent  of 
any  school  maintaining  two  or  more  departments  to  report  to 
the  Superintendent  of  Public  Instruction  such  facts  relating 
to  the  grading,  course  of  study,  enrollment,  attendance  and 
other  matters  pertaining  to  such  schools  as  he  may  require  on 
blanks  for  that  purpose.  (L.  '09,  p.  302.  §  10;  Rem.  &  Bal., 
§  4535.) 


STATE  OF  WASHINGTON  105 

218.  Shall  elect  teachers,  when 

No  board  of  directors  shall  employ  any  teacher  or  teachers 
whose  term  or  terms  of  service  begin  after  the  first  Monday  in 
August,  until  after  the  directors  elected  at  the  annual  school 
election  in  said  year  shall  have  entered  upon  the  discharge  of 
their  duties.     (L.  '09,  p.  302,  §  11 ;  Rem.  &  Bal.,  §  4536.) 

219.  Shall  direct  commissioners  to  levy  taxes 

The  board  of  directors  shall  annually  at  a  meeting  preceding 
the  annual  tax  levy  for  state  and  county  purposes,  report  to 
the  board  of  county  commissioners  an  estimate  in  detail  of  the 
amount  of  funds  which  will  be  required  by  their  district  for  all 
purposes  for  the  ensuing  year,  and  the  county  commissioners 
are  hereby  authorized  and  required  to  levy  and  collect  such 
amount,  after  deducting  the  estimated  receipts  from  the  state 
and  county  apportionment  for  said  districts.  The  levy  in  any 
ope  year  shall  not  exceed  one  (1)  per  cent,  of  the  assessed 
value  of  all  the  taxable  property  of  the  district:  Provided, 
That  when  any  greater  expenditure  in  any  one  current  school 
year  shall  be  deemed  necessary,  the  question  shall  be  submitted 
to  a  vote  of  the  electors  of  the  district  at  the  time  and  place 
and  in  the  manner  provided  for  calling  special  elections.  The 
notice  of  such  election  shall  specify  the  amount  of  taxes  pro- 
posed to  be  raised  in  excess  of  the  said  one  (1)  per  cent,  and 
if  a  majority  of  the  electors  voting  thereon  at  said  eelction 
shall  be  in  favor  of  such  additional  tax,  the  entire  amount  so 
authorized  shall  be  levied  and  collected.  No  tax,  however,  shall 
exceed  two  (2)  per  cent,  of  all  the  taxable  property  of  said 
district.  In  case  any  board  of  directors  shall  fail  to  make 
and  report  the  said  estimate  to  the  board  of  county  commis- 
sioners on  or  before  the  first  day  of  September,  it  shall  be  the 
duty  of  the  county  school  superintendent  to  make  such  esti- 
mate, which  will  be  accepted  in  lieu  of  the  directors'  estimate. 
(L.  '09,  p.  303,  §  12;  Rem.  &  Bal.,  §  4537.) 

See,  supra,  §§  194,  195,  Code  Pub.  Ins.,    first    class    districts. 
See,  supra,  §  203,  Code  Pub.  Ins..  second   class  districts. 

A  school  board  cannot  contract  indebtedness  in  excess  of  the  income  of  the 
district  for  the  current  year. — Knickerbocker. 

The   board    of   county    commissioners   has   no    authority   to    make    a   levy   for 


106  CODE  OF  PUBLIC  INSTRUCTION 

school  district  purposes  in  excess  of  one  per  cent,  of  the  assessed  valuation  of 
all  taxable  property  of  the  district  without  the  same  having  been  authorized 
by  a  vote  of  the  electors  of  the  school  district. — Lyle. 

The  board  of  county  commissioners  are  authorized  and  required  to  levy  and 
collect  the  amount  of  taxes  necessary  for  school  purposes  in  addition  to  the 
estimated  receipts  from  other  sources. — Tanner. 

220.  Shall  select  sites  and  build  houses  when  directed  by  the  people 
The  board  shall  build  or  remove  school  houses,  purchase  or 

sell  lots  or  other  real  estate,  when  directed  by  a  vote  of  the 
district  to  do  so :  Provided,  That  a  school  house  already  built 
on  a  site  which  has  been  selected  by  a  majority  vote  of  the  legal 
school  electors  of  a  district  shall  not  be  removed  to  a  new  site 
without  a  two-thirds  vote  of  the  school  electors  voting  at  an 
annual  or  special  election;  nor  shall  a  school  house  site  that 
has  been  selected  by  a  majority  vote  of  the  legal  school  electors, 
but  upon  which  no  school  house  has  been  built,  be  changed 
except  by  a  two-thirds  vote  of  the  legal  school  electors  voting 
at  an  annual  or  special  school  election  as  hereinbefore  provided. 
(L.  .'09,  p.  303,  §  13;  Rem.  &  Bal.,  §  4538.) 

See,  infra,  §338  et  seq.,  Code  Pub.  Ins.,  elections. 

Upon  a  vote  of  the  electors  the  district  might  use  the  money  for  the  pur- 
chase of  a  site  other  than  that  named  in  the  proposition. — Campbell. 

A  site  for  a  school  house  cannot  be  changed  except  by  a  two-thirds  vote  of  the 
electors  at  an  annual  or  special  meeting  called  for  that  purpose. — Campbell. 

221.  County  superintendent  shall  approve  plans 

Whenever  any  board  of  directors  shall  be  authorized  by  the 
electors  of  their  district  to  erect  a  school  building,  it  shall  be 
the  duty  of  such  board,  before  entering  into  any  contract  for 
the  erection  of  any  building,  to  obtain  the  approval  of  the 
county  superintendent,  of  the  plans  and  specifications  for  the 
building  to  be  erected,  including  also  the  heating,  lighting, 
ventilating  and  safety  thereof.  (L.  '09,  p.  304,  §  14 ;  Rem. 
&  Bal.,  §  4539.) 

Article  VI — District  Clerk 

222.  Clerk  to  notify  county  superintendent  of  organization  of  board 
Every  school  district  clerk  in  districts  of  the  second  and  the 

third  class  shall  within  ten  days  after  any  change  in  the  office 
of  chairman  or  clerk,  notify  the  county  superintendent  of  such 
change  in  the  organization  of  the  board.  (L.  '09,  p.  304,  §  1 ; 
Rem.  &  Bal.,  §  4540.) 


STATE  OF  WASHINGTON  107 

223.     Duties  of  the  district  clerk 

The  duties  of  the  district  clerk  shall  be  as  follows : 

First.  To  attend  all  meetings  of  the  boards  of  directors; 
but  if  he  shall  not  be  present,  the  board  of  directors  shall  select 
one  of  their  number  to  act  as  clerk,  who  shall  certify  the  pro- 
ceedings of  the  meeting  to  the  clerk  of  the  district,  to  be  re- 
corded by  him.  He  shall  keep  his  records  in  a  book  to  be  fur- 
nished by  the  board  of  directors,  and  he  shall  preserve  copies 
of  all  reports  made  to  the  county  superintendent,  and  safely 
preserve  and  keep  all  books  and  documents  belonging  to  his 
office,  and  shall  turn  the  same  over  to  his  successor. 

Second.  To  keep  accurate  and  detailed  accounts  of  all  re- 
ceipts and  expenditures  of  school  money.  At  each  annual 
school  meeting  the  district  clerk  must  present  his  record  book 
for  public  inspection,  and  shall  make  a  statement  of  the  finan- 
cial condition  of  the  district  and  of  the  action  of  the  directors, 
and  such  record  must  always  be  open  for  public  inspection. 

Third.  To  take  annually  in  May  of  each  year  an  exact 
census  of  all  children  and  youth  between  the  ages  of  five  and 
twenty-one  years  who  were  bona  fide  residents  of  the  district 
on  the  first  day  of  May  of  that  year.  He  shall  designate  the 
name  and  sex  of  each  child,  and  the  date  of  its  birth ;  the  num- 
ber of  weeks  it  has  attended  school  during  the  school  year,  and 
its  postoffice  address.  Parents  or  guardians  must  be  required 
to  sign  a  certified  statement  of  the  correctness  of  this  report: 
Provided,  That  Indian  children  not  living  under  the  guardian- 
ship of  white  persons,  or  who  have  not  severed  their  tribal 
relations,  shall  not  be  included  in  said  census.  He  shall  also 
list  separately  all  defective  youth  between  the  ages  of  five  and 
twenty-one  and  give  such  information  concerning  them  as  may 
be  required. 

Fourth.  To  make  to  the  county  superintendent  on  or  be- 
fore the  15th  day  of  July  his  annual  report,  verified  by  affidavit, 
upon  blanks  to  be  furnished  by  the  Superintendent  of  Public 
Instruction.  It  shall  contain  such  items  of  information  as  said 
Superintendent  of  Public  Instruction   shall  require,   including 


108 


CODE  OF  PUBLIC  INSTRUCTION 


the  following:  A  full  and  complete  report  of  all  children 
enumerated;  the  number  of  schools  or  departments  taught 
during  the  year;  the  number  of  children,  male  and  female,  en- 
rolled in  the  school,  and  the  average  daily  attendance;  the 
number  of  teachers  employed,  and  their  compensation  per 
month;  the  number  of  days  school  was  taught  during  the  past 
school  year,  and  by  whom ;  and  the  number  of  volumes,  if  any, 
in  the  school  district  library ;  the  number  of  school  houses  in 
the  district  and  the  value  of  them;  the  aggregate  value  of  all 
school  furniture  and  apparatus  belonging  to  the  district,  and 
the  clerk  shall  keep  on  file  a  duplicate  copy  of  said  report. 

Fifth.  To  carry  out  all  orders  of  the  board  of  directors 
made  at  any  regular  or  special  meeting,  and  to  keep  an  accu- 
rate account  of  all  expenses  incurred  by  him  in  his  district  in 
keeping  the  school  house  in  repair,  in  providing  for  necessary 
janitor  work,  and  in  providing  school  supplies,  and  for  other 
expenses  incurred  by  him  on  account  of  the  school,  which  ac- 
counts must  be  audited  by  the  board  of  directors,  and  paid  out 
of  the  district  school  fund. 

Sixth.  To  give  the  required  notice  of  all  annual  or  special 
elections ;  also  to  give  notice  of  the  regular  and  special  meet- 
ings of  the  board  of  directors  as  herein  authorized. 

Seventh.  To  report  to  the  county  superintendent  at  the 
beginning  of  each  term  of  school  the  name  of  the  teacher  and 
the  proposed  length  of  the  term,  and  to  supply  the  teacher  with 
the  school  register  furnished  by  the  county  school  superintend- 
ent. 

Eighth.  To  sign  all  warrants  ordered  to  be  issued  by  the 
board  of  directors,  and  to  report  to  the  county  treasurer  on 
or  before  the  first  Monday  of  each  calendar  month  all  the  war- 
rants drawn  by  the  directors  of  his  district,  giving  date,  num- 
ber and  fund  on  which  each  warrant  is  drawn.  (L.  '09,  p.  304, 
§  2;  Rem.  &  Bal.,  §  4541.) 

A  school  superintendent  cannot  hold  office  of  school  clerk  without  vacating 
the  office  of  superintendent.  A  school  clerk  cannot  fill  the  office  of  school 
teacher,  and  a  teacher  is  ineligible  to  the  office  of  clerk  of  the  district  in  which 
he  is  employed. — Lyle. 


STATE  OF  WASHINGTON 


109 


Districts  of  the  second  class  may  elect  a  person  to  act  as  clerk  who  may  or 
may  not  be  a  member  of  the  school  board. — Lyle. 

Clerks  should  procure  itemized  bills  from  whom  supplies  are  purchased. — 
Lyle. 

224.  Compensation  of  the  clerk 

The  district  clerk  shall  receive  three  dollars  per  day  for  the 
time  actually  and  necessarily  spent  in  taking  the  census  and 
making  his  report,  and  he  shall  receive  such  other  reasonable 
compensation  for  other  services  as  the  directors  shall  allow, 
said  accounts  to  be  audited  and  paid  by  the  directors  out  of 
the  funds  of  the  district:  Provided,  That  no  account  for  ser- 
vices rendered  by  any  district  clerk  shall  be  audited  or  allowed 
by  any  board  of  directors,  or  any  warrant  issued  for  the  pay- 
ment of  any  such  accounts,  until  he  shall  have  filed  with  the 
board  of  directors  a  certificate  of  the  county  superintendent  of 
his  county  that  all  reports  required  by  law  have  been  properly 
made;  and  it  shall  be  the  duty  of  the  county  superintendent  to 
make  and  transmit  to  the  clerks  of  such  districts  as  have 
made  all  the  reports  as  required  by  law,  on  or  before  the  last 
Saturday  of  the  months  of  January,  April,  July  and  October 
of  each  year,  the  certificates  required  by  this  section.  (L.  '09, 
p.  306,  §  3;  Rem.  &  Bal.,  §  4542.) 

Article  VII — Teachers 

225.  Teachers  shall  hold  valid  certificates 

No  person  shall  be  acounted  as  a  qualified  teacher  within  the 
meaning  of  the  school  law  who  is  not  the  holder  of  a  valid 
teacher's  certificate  or  diploma  issued  by  lawful  authority  of 
this  state.     (L.  '09,  p.  306,  §  1 ;  Rem.  &  Bal.,  §  4543.) 

Where  a  school  board,  after  determining  to  reduce  its  corps  of  teachers 
from  thirteen  to  twelve,  for  the  ensuing  year,  passed  a  resolution  re-employing 
all,  but  reserving  the  right  to  remove  one  of  the  teachers,  in  case  all  accepted, 
the  action  of  the  board  in  requesting  one  of  the  teachers  to  resign  after  she 
had  accepted  the  contract  of  employment,  was  not  equivalent  to  a  removal  : 
Kennedy  v.   School  District,   20   Wash.   399. 

Proceedings  before  a  Superintendent  of  Public  Instruction  to  revoke  a  teacher's 
certificate,  upon  the  determination  of  sufficient  cause,  after  a  hearing,  are  sub- 
ject to  review  by  certiorari,  under  Ballinger's  Code,  §§  5740-5751  (R.  &  B.,  §§  996- 
1012)  :  Browne  v.  Gear,  21  Wash.  147. 

A  temporary  certificate  to  teach  granted  by  the  county  superintendent  of 
schools  cannot  be  collaterally  attacked  in  an  action  brought  against  a  school 
district  for  breach  of  contract  of  employment  to  teach  its  school,  when  there  is 
no  allegation  of  fraud  or  collusion  in  obtaining  the  certificate :  Kimball  v. 
School  District,  23  Wash.  520. 


HO  CODE  OF  PUBLIC  INSTRUCTION 

Where  a  person  under  contract  to  teach  a  school  for  a  term  of  nine  months 
has  a  license  qualifying  her  to  teach  only  two  months,  at  the  time  she  tenders 
her  services  at  the  beginning  of  the  school  term,  the  district  is  released  from  its 
obligation  to  perform  its  part  of  the  contract,  and  she  has  no  right  of  re- 
covery thereon,  since  the  contract  is  an  entire  one  and  a  breach  as  to  any 
material  part  is  a  complete  discharge  as  to  the  whole :  Kimball  v.  School  Dis- 
trict No.  122,  Spokane  County,  23  Wash.  520. 

A  letter  from  the  county  superintendent  stating  that  a  teacher's  papers  are 
sufficient  to  ertitle  him  to  a  certificate  and  that  one  will  be  issued  on  applica- 
tion as  provided  by  statute,  is  not  the  equivalent  of  a  certificate,  and  an  action 
for  wages  will  not  lie  where  at  the  time  of  making  the  contract  and  entering 
upon  the  service  no  certificate  had  been  obtained :  Kester  v.  School  District 
No.  SJ  of  Walla  Walla  County,  48  Wash.  486. 

226.  Teachers  must  report  to  county  superintendent 

Every  teacher  who  shall  be  teaching  at  the  close  of  the  school 
year,  or  who  shall  teach  the  last  term  of  any  school  year,  in 
any  school  district,  shall  make  a  report  to*  the  county  super- 
intendent immediately  upon  the  close  of  such  school  year  or 
term  for  the  entire  time  taught  in  said  school  district  since 
the  beginning  of  the  school  year.  Copies  of  all  reports  made 
by  teachers  shall  be  furnished  to  the  clerk  of  the  district,  to 
be  by  him  filed  in  his  office.  No  board  of  directors  shall  draw 
any  order  or  warrant  for  the  salary  of  any  teacher  for  the 
last  month  of  his  or  her  service  until  the  reports  herein  re- 
quired shall  have  been  made,  and  the  same  approved  by  the 
county  superintendent:  Provided,  That  in  all  schools  acting 
under  the  direction  of  the  city  superintendent  the  report  of 
such  superintendent  shall  be  accepted  by  the  county  superin- 
tendent and  the  directors  in  lieu  of  the  teacher's  reports,  and 
that  when  there  is  no  city  superintendent,  the  report  of  the 
principal  shall  be  accepted  in  lieu  of  the  teacher's  report.  (L. 
'09,  p.  307,  §  2;  Rem.  &  Bal.,  §  4544.) 

227.  Shall  keep  register 

Every  teacher  shall  keep  a  school  register  in  the  manner 
provided  for,  and  no  board  of  directors  shall  draw  any  order 
or  warrant  for  the  salary  of  any  teacher  for  the  last  month 
of  his  service  in  the  school  at  the  end  of  any  term  or  year 
until  they  shall  have  received  a  certificate  from  the  district 
clerk,  countersigned  by  the  county  superintendent,  that  the 
said  register  has  been  properly  kept,  the  summaries  made  and 
the  statistics  entered,  or  until,  by  personal  examination,  they 


STATE  OP  WASHINGTON  m 

shall  have  satisfied  themselves  that  it  has  been  done.  (L.  '09, 
p.  307,  §  3;  Rem.  &  Bal.,  §  4545.) 

228.  Shall  enforce  course  of  study  and  prescribed  regulations 
Teachers  shall  faithfully  enforce  in  the  schools  the  course 

of  study  and  regulations  prescribed,  and  shall  furnish  prompt- 
ly all  information  relating  to  the  school  which  may  be  re- 
quested by  the  county  superintendent.  (L.  '09,  p.  307,  §  4; 
Rem.  &  Bal.,  §  4546.) 

The  school  teacher,  not  the  board  of  directors,  is  the  proper  authority  to 
determine  to  what  grade  or  course  a  pupil  properly  belongs. — Ross. 

229.  Shall  be  employed  by  written  order  of  the  board 

No  teacher  shall  be  employed  except  by  written  order  of 
a  majority  of  the  directors  of  the  district  at  a  regular  or 
special  meeting  thereof,  nor  unless  the  holder  of  a  legal  teach- 
er's certificate  in  full  force  and  effect  for  the  full  period  cov- 
ered by  the  said  contract.  (L.  '09,  p.  307,  §  5 ;  Rem.  &  Bal., 
§  4547.) 

A  teacher  can  recover  the  amount  of  her  contract,  less  the  sum  earned 
elsewhere,  where  a  contract  was  annulled  by  the  board  before  the  term  begins 
simply  because  the  employment  was  ill-advised  and  contrary  to  the  wishes  of  a 
number  of  citizens  :     Splaine  v.  School  District,  20  Wash.  74. 

230.  Shall  not  be  required  to  teach  on  holidays 

No  teacher  shall  be  required  to  teach  school  on  Saturdays, 
Labor  Day,  Thanksgiving  Day  and  the  day  immediately  fol- 
lowing Thanksgiving  Day,  Christmas,  New  Years,  Washing- 
ton's Birthday,  Memorial  Day,  or  the  Fourth  of  July:  Pro- 
vided, That  no  reduction  from  the  teacher's  time  or  salary 
shall  be  made  by  reason  of  the  fact  that  a  school  day  hap- 
pens to  be  one  of  the  days  referred  to  in  this  section  as  a  day 
on  which  school  shall  not  be  taught.  (L.  '09,  p.  308,  §  6; 
Rem.  &  Bal.,  §  4548.) 

The  teacher,  outside  of  her  professional  obligations,  possesses  the  ordinary 
personal  rights  and  freedom  that  other  persons  do ;  the  same  social  privileges 
and  the  same  right  to  discussion  of  public  questions  at  proper  times  and  places : 
Brown  v.  Gear,  21  Wash.  147. 

231.  May  suspend  pupils 

Every  teacher  shall  have  the  power  to  hold  every  pupil  to 
a   strict  accountability  in  school   for   any  disorderly   conduct 


112  CODE  OF  PUBLIC  INSTRUCTION 

on  the  way  to  and  from  school,  or  on  the  grounds  of  the  school, 
or  during  the  intermission  or  recess ;  to  suspend  from  school 
any  pupil  for  good  cause:  Provided,  That  such  suspension 
shall  be  reported  to  the  directors  as  soon  as  practicable  for 
their  decision.     (L.  '09,  p.  308,  §  7;  Rem.  &  Bal.,  §  4549.) 

A  teacher  has  no  right  to  punish  a  child  for  any  act  committed  after  the 
child  has  reached  home,   after  dismissal. — Atkinson. 

232.  Must  teach  morality  and  patriotism 

It  shall  be  the  duty  of  all  teachers  to  endeavor  to  impress 
on  the  minds  of  their  pupils  the  principles  of  morality,  truth, 
justice,  temperance,  humanity  and  patriotism ;  to  teach  them 
to  avoid  idleness,  profanity  and  falsehood ;  to  instruct  them 
in  the  principles  of  free  government,  and  to  train  them  up  to 
the  true  comprehension  of  the  rights,  duty  and  dignity  of 
American  citizenship.  (L.  '09,  p.  308,  §8;  Rem.  &  Bal., 
§  4550.) 

See,  infra,  p.  274,  Code  Pub.  Ins.,  rules  and  regulations,  State  Board  of 
Education. 

The  stated  reading  of  the  Bible  in  the  public  schools  of  this  state  is  a  re- 
ligious exercise  within  the  meaning  of  the  constitution,  and  as  such  is  thereby 
prohibited  in  section  11,  article  I  of  that  document. — Jones. 

Article  VIII — County  Auditor 

233.  Districts  of  the  third  class  only 

The  duties  of  the  county  auditor  hereinafter  defined  shall 
relate  only  to  districts  of  the  third  class  unless  otherwise  ex- 
pressly provided.     (L.  '09,  p.  308,  §  1 ;  Rem.  &  Bal.,  §  4552.) 

See,  infra,  §  243  et  seq.,  Code  Pub.  Ins.,  apportionments. 
See  infra,  §  279  et  seq.,  Code  Pub.  Ins.,  school  revenues. 
See,  infra,  §  288  et  seq.,  Code  Pub.  Ins.,  bonds. 

234.  Shall   audit  accounts  of  school   district 

The  county  auditors  of  the  several  counties  of  this  state 
shall  audit  all  accounts  of  the  several  school  districts  of  their 
respective  counties,  the  same  as  other  accounts  are  audited 
with  the  other  departments  of  the  county.  (L.  '09,  p.  308, 
§2;  Rem.  &  Bal.,  §  4553.) 

Bureau  of  Inspection  and  Supervision  of  Public  Offices  to  install  uniform  sys- 
tem of  accounting.     (L.  '11,  p.  108,   §  1.) 


STATE  OF  WASHINGTON  Hg 


235.  Shall  countersign  and  register  warrants 

He  shall  countersign  and  register  warrants  for  the  payment 
of  all  teachers'  salaries,  supplies,  apparatus,  and  accounts 
against  the  district  upon  the  written  order  of  the  majority  of 
the  members  of  the  school  board  of  each  district.  (L.  '09,  p. 
308,  §  3;  Rem.  &  Bal.,  §  4554.) 

236.  Shall    not   register  warrant,  when 

No  warrant  shall  be  countersigned  and  registered  for  the 
payment  of  any  teacher  who  is  not  qualified  within  the  mean- 
ing of  the  law  of  this  state,  nor  unless  a  written  contract  be 
filed  with  the  county  superintendent  in  accordance  with  the 
provisions  of  the  law.  (L.  '09,  p.  308,  §  4;  Rem.  &  Bal., 
§  4555.) 

237.  When  county  superintendent  must  approve  order 

No  warrants  for  maps,  charts  and  apparatus  shall  be  coun- 
tersigned and  registered  until  the  order  shall  have  been  ap- 
proved by  the  county  superintendent.  (L.  '09,  p.  309,  §5; 
Rem.  &  Bal.,  §  4556.) 

238.  Warrant  for  last  month's  salary 

He  shall  not  countersign  and  register  the  warrant  in  pay- 
ment of  the  last  month's  salary  of  teachers  in  districts  of  the 
third  class  until  he  shall  receive  due  notice  from  the  county 
superintendent  that  the  teacher's  final  report  has  been  made 
to  the  said  county  superintendent.  (L.  '09,  p.  309,  §6; 
Rem.  &  Bal.,  §  4557.) 

238y2.     Registration  of  warrants — Reports 

He  shall  cause  all  school  warrants  of  the  district  issued  by 
him  to  be  registered  in  the  treasurer's  office  and  retain  the 
vouchers  on  file  in  his  office. 

He  shall  register  in  his  own  office,  and  present  to  the  treas- 
urer for  registration  in  the  office  of  the  county  treasurer,  all 
warrants  of  the  first  and  second  class  districts  received  from 
all  secretaries  and  clerks  thereof  before  delivery  of  the  same 
to  claimants. 

He  shall  check  the  redeemed  warrants  of  each  school  district 


•Q4  CODE  OF  PUBLIC  INSTRUCTION 

after  each  monthly  settlement  with  the  treasurer,  enter  the 
date  redeemed  in  his  school  warrant  register,  and  certify  as 
to  the  correctness  of  the  treasurer's  reports  to  such  school 
districts. 

He  shall  make  an  annual  report  to  the  county  superintend- 
ent of  schools  on  or  before  the  fifteenth  day  of  July  in  such 
form  as  may  be  prescribed  by  the  Superintendent  of  Public 
Instruction.     (L.  '11,  p.  377,  §  1.) 

A  member  of  the  faculty  of  the  state  university  can  charge  schools  for  de- 
livering a  lecture  at  such  school,  without  being  subject  to  the  charge  of  re- 
ceiving double  salary.— Bell. 

The  above  ruling  applies  to  institutes  and  other  educational  gatherings,  such 
as  commencements,  teachers'  meetings,  directors'  meetings,  etc. — Lee. 

All  warrants  drawn  on  the  funds  of  districts  of  the  first  and  second  class 
must  be  delivered  to  the  county  auditor  for  registration,  and  by  him  presented  to 
the  county  treasurer  for  registration  before  the  same  are  delivered  to  the  claim- 
ants.— Lyle. 

Power  is  given  the  State  Auditor,  his  deputies,  every  state  examiner  and 
every  person  legally  appointed  to  issue  subpoenas  and  compulsory  process  and 
to  direct  the  service  thereof  by  any  constable  or  sheriff,  to  compel  the  attend- 
ance of  witnesses  and  the  production  of  books  and  papers  before  him  at  any. 
designated  time  and  place,  and  to  administer  oaths. — Lyle. 

Wherever  the  county  auditor  suspects  or  has  reason  to  believe  that  the 
business  methods  and  accounts  of  any  school  district  or  school  district  officer 
require  a  special  investigation,  it  is  his  duty  to  report  the  facts  to  the  Bureau 
of  Inspecion  and  Supervision  of  Public  Offices.  The  investigation,  if  deemed 
advisable,  can  then  be  made  under  the  direction  of  the  bureau,  either  by  the 
county  auditor  or  some  person  legally  qualified  for  such  service,  and  necessary 
witnesses  may  be  required  to  appear  with  the  books  and  papers  at  the  time  and 
place  designated  by  the  bureau. — Lyle. 

Article  IX — County  Treasurer 
239.     Duties  of  county  treasurer 

The  county  treasurer  of  each  county  of  this  state  shall  be 
ex-ofpcio  treasurer  of  the  several  school  districts  of  their  re- 
spective counties,  and  it  shall  be  the  duty  of  each  county 
treasurer : 

First.  To  receive  and  hold  all  moneys  belonging  to  such 
school  districts,  and  to  pay  them  out  only  on  warrants  legally 
issued. 

Second.  To  certify  to  the  county  superintendent  of  com- 
mon schools  and  the  auditor  of  his  county,  quarterly  of  each 
year  at  the  time  of  the  state  apportionment,  the  amount  of  all 
school  funds  in  his  possession  subject  to  apportionment  on 
the  last  day   of  the  preceding  month,  which   certificate   shall 


STATE  OF  WASHINGTON  H5 

specify  the  source  or  sources  from  which  said  moneys  were  de- 
rived. 

Third.  To  make  annually,  on  or  before  the  fifteenth  day  of 
July,  a  report  to  the  county  superintendent  and  auditor  of  his 
county,  which  report  shall  show  the  amount  of  school  funds 
on  hand  at  the  beginning  of  the  school  year  last  past  belong- 
ing to  each  school  district;  the  amount  of  funds  placed  to  the 
credit  of  each  school  district  during  the  school  year  ending 
June  30th,  last  past,  and  the  sources  from  which  said  funds 
were  derived ;  the  amount  of  warrants  registered  during  the 
year,  the  amount  of  funds  disbursed  upon  warrants  of  each 
school  district  during  the  year;  the  amount  of  funds  remain- 
ing in  his  possession  at  the  close  of  the  school  year  subject  to 
be  paid  out  upon  warrants,  and  the  fund  to  which  said  moneys 
belong;  also  the  amount  of  all  unpaid  warrants  or  bonds  ap- 
pearing upon  his  register  at  the  close  of  the  school  year. 

Fourth.  He  shall  register  all  school  warrants  presented  to 
him  by  the  county  auditor  in  a  book  to  be  known  as  the  "Treas- 
urer's School  District  Warrant  Register,"  which  register  shall 
show  the  date  issued,  number  of  warrant,  to  whom  issued,  amount 
and  purpose,  date  registered,  date  advertised,  interest  if  any 
accruing  on  said  warrant,  total  as  redeemed,  date  redeemed 
and  to  whom  paid.  If  the  district  has  money  in  the  fund  on 
which  the  warrant  is  drawn  no  endorsement  on  the  warrant  is 
necessary,  but  if  there  be  no  money  to  the  credit  of  the  fund 
on  which  the  warrant  is  registered  he  shall  endorse  on  said 
warrant  the  following:     "This  warrant  bears  interest  at.  .  .  . 

per  cent,  per  annum  from until  called  for  payment. 

County   Treasurer.      By Deputy." 

All  warrants  shall  be  paid  in  the  order  of  their  presentation 
to  the  county  treasurer;  and  it  is  hereby  made  the  duty  of  the 
county  treasurer  to  advertise,  at  least  quarterly,  all  warrants 
which  he  is  prepared  to  pay,  in  the  same  manner  in  which  he 
is  required  to  advertise  county  warrants,  and  after  the  date 
fixed  in  said  notice,  warrants  shall  cease  to  draw  interest. 

Fifth.     He  shall  prepare   and   submit  to   the   secretary   of 


Hg  CODE  OF  PUBLIC  INSTRUCTION 

each  district  of  the  first  class,  and  to  the  clerk  of  each  district 
of  the  second  and  third  class  in  his  county,  a  written  report 
of  the  state  of  the  finances  of  such  district  on  the  first  day  of 
each  month,  which  report  shall  be  submitted  not  later  than  the 
seventh  day  of  said  month,  certified  to  by  the  county  auditor, 
which  report  shall  contain  the  balance  on  hand  the  first  of  the 
preceding  month,  the  funds  paid  in,  warrants  paid  with  interest 
thereon,  if  any,  the  number  of  warrants  issued  and  not  paid, 
and  the  balance  on  hand. 

Sixth.  After  each  monthly  settlement  with  the  county  com- 
missioners the  treasurer  of  each  county  shall  submit  a  state- 
ment of  all  cancelled  warrants  of  districts  of  the  first  or 
second  class  to  the  secretary  or  clerk  of  such  district,  which 
statement  shall  be  verified  to  the  county  auditor.  The  can- 
celled warrants  of  each  district  shall  be  preserved  separately 
and  shall  at  all  times  be  open  to  inspection  by  the  secretary  or 
clerk  or  by  any  authorized  accountant  of  such  district. 

Seventh.  He  shall  remit  all  moneys  derived  from  the  sale  of 
school  registers,  and  school  clerks'  record  books  to  the  State 
Treasurer,  as  other  moneys  are  required  to  be  remitted,  and 
the  State  Treasurer  shall  place  such  moneys  to  the  credit  of 
the  general  fund  of  the  state.     (L.  '11,  p.  386,  §  1.) 

See,  infra,,  §  459,  Code  Pub.  Ins.,  permanent  fire  insurance  fund. 

A  treasurer  is  liable  for  interest  where  by  his  own  oversight  he  fails  to  ad- 
vertise and  pay  a  warrant  when  there  are  funds. — Lyle. 

The  statute  of  limitations  runs  against  school  warrants  after  the  same  have 
been  called  by  the  county  treasurer.  Sec.  157,  Rem.  &  Bal.,  which  provides  that 
actions  based  upon  a  contract  in  writing,  or  liability  expressed  or  implied  aris- 
ing out  of  a  written  agreement,  must  be  commenced  within  six  years  after  the 
cause  of  action  has  accrued. — Lyle. 

If  the  county  treasurer  has  reason  to  believe,  either  from  matters  appearing 
upon  the  face  of  a  warrant,  from  the  records  of  his  office,  or  from  other  mat- 
ters coming  to  his  attention,  that  the  warrant  is  illegal,  it  is  his  duty  to  make 
such  investigation  as  will  satisfy  him  of  the  legality  of  the  warrant,  or  if  he 
finds  the  same  to  be  illegal,  to  refuse  payment  thereof.  On  the  other  hand,  if 
the  warrant  is  regular  upon  its  face,  and  the  county  treasurer  has  no  reason  to 
believe  that  it  is  illegal,  then  he  is  justified  in  paying  the  same  without  further 
investigation. — Tanner. 

A  county  treasurer,  who  is  ex-officio  treasurer  of  a  school  district  of  his 
county,  is  not  entitled  to  a  commission  or  percentage  for  receiving  and  dis- 
bursing the  proceeds  of  certain  school  bonds  of  his  district,  whether  he  acted  in 
the  performance  of  such  duties  as  the  treasurer  of  the  county  or  of  the  district : 
School  District  v.  Cole,  4  Wash.  395. 


STATE  OF  WASHINGTON  H7 

Article  X — County  Boards  of  Education 

240.  Appointment  and  term  of  office 

There  shall  be  in  each  county  of  this  state  a  county  board  of 
education,  which  shall  consist  of  five  (5)  members,  including 
the  county  superintendent  of  common  schools,  who  shall  be 
ex-ofpcio  chairman  of  the  board;  the  other  members  of  said 
board  shall  be  appointed  by  the  county  superintendent  on  the 
first  Monday  of  September  following  his  election  and  shall  hold 
office  for  a  term  of  two  years:  Provided,  That  in  the  event  of 
a  vacancy  in  said  board  from  any  cause  the  county  superin- 
tendent shall  fill  the  same  for  the  remainder  of  the  school  year 
by  appointment.     (L.  '09,  p.  311,  §  1 ;  Rem.  &  Bal.,  §  4559.) 

241.  Qualification  and  compensation  of  members 

Every  member  of  the  county  board  of  education  shall  be  the 
holder  of  a  valid  teacher's  certificate  for  this  state,  and  the 
members  other  than  the  county  superintendent  shall  receive  five 
dollars  per  day  for  the  time  spent  in  the  performance  of  their 
official  duties,  and  they  shall  also  receive  actual  necessary  trav- 
eling expenses,  and  the  same  shall  be  paid  out  of  the  funds  of 
the  county.     (L.  '09,  p.  311,  §  2;  Rem.  &  Bal.,  §  4560.) 

242.  Powers  and  duties 

Every  county  board  of  education  shall  have  power  and  it 
shall  be  its  duty: 

First.  To  grade  the  manuscripts  of  the  pupils  who  take  the 
state  examination  for  the  purpose  of  securing  eighth  grade  or 
grammar  school  certificates. 

Second.  To  adopt  text-books  for  use  in  the  public  schools 
of  school  districts  of  the  second  division,  as  defined  in  chapter 
7,  Title  III,  of  this  act,  of  said  county. 

Third.  To  assist  the  county  superintendent  in  the  prepara- 
tion of  manuals,  courses  of  study,  rules  and  regulations  for  the 
circulating  libraries,  and  to  perform  such  other  duties  as  may 
be  required  by  him. 

Fourth.  To  adopt  rules  and  regulations  for  the  schools  of 
the  county,  not  inconsistent  with  the  Code  of  Public  Instruc- 
tion or  with  the  rules  and  regulations  of  the  State  Board  of 


118  CODE  OF  PUBLIC  INSTRUCTION 

I 
Education  or  the  Superintendent  of  Public  Instruction.      (L. 
'09,  p.  311,  §  3;  Rem.  &  Bal.,  §  4561.) 

The  members  of  the  board  of  education  are  entitled  to  be  repaid  for  their 
hotel  expenses  when  compelled  to  remain  away  from  home  on  the  business  of 
said  board. — Bell. 

CHAPTER   5— APPORTIONMENTS 

243.  Six  apportionments  each  year 

The  Superintendent  of  Public  Instruction  shall  apportion  to 
the  several  counties  of  this  state  on  or  before  the  20th  day  of 
July,  October,  January,  April,  May  and  June  of  each  year  such 
current  state  school  funds  as  have  been  certified  by  the  State 
Auditor  to  be  in  the  hands  of  the  state  and  county  treasurers. 
(L.  '11,  p.  613,  §  1.) 

The  fact  that  the  school  fund  of  a  county  is  indebted  to  the  state  on  account 
of  taxes  levied  and  collected  does  not  justify  the  State  Auditor  in  deducting 
any  portion  of  such  indebtedness  from  the  amount  of  the  warrant  he  is  re- 
quired by  law  to  draw  in  favor  of  the  school  fund  of  any  county,*  when  the 
Superintendent  of  Public  Instruction  has  apportioned  the  state  school  fund  to 
the  respective  counties  and  reported  same  to  the  State  Auditor,  with  the  direction 
to  issue  warrants  to  the  treasurers  of  the  various  counties  for  the  respective 
amounts  due  them  thereunder :     State  ex  rel.  Tanner  v.  Cheetham,  23  Wash.  666. 

244.  County  superintendents'   reports   basis  of  apportionment 

For  the  purpose  of  the  apportionment  the  Superintendent  of 
Public  Instruction  shall  base  his  calculations  upon  the  days' 
attendance  as  shown  by  the  several  county  superintendents'  last 
annual  reports  filed  in  his  office.  (L.  '09,  p.  312,  §  2;  Rem. 
&  Bal.,  §  4563.) 

245.  Total  days'  attendance  the  basis  of  apportionment 

The  basis  of  the  apportionment  to  each  county  shall  be  on  the 
total  days  of  attendance  in  the  several  districts  of  the  county: 
Provided,  That  each  school  district  shall  be  credited  with  at 
least  two  thousand  days'  attendance.  (L.  '09,  p.  312,  §  3; 
Rem.  &  Bal.,  §  4564.) 

246.  Attendance  of  non-resident  pupils 

If  a  pupil  attends  any  public  school  of  the  state,  outside  of  his 
resident  district,  up  to  the  ninth  grade,  during  the  time  the 
resident  district  maintains  a  school  of  the  grade  in  which  the 
pupil  belongs,  the  attendance  shall  be  credited  to  the  district 
in  which  the  pupil  resides,  unless  mutually  agreed  otherwise  by 


STATE  OF  WASHINGTON  ng 

the  directors  of  the  two  districts.     (L.  '09,  p.  312,  §  4 ;  Rem. 
&  Bal.,  §  4*565.) 

247.  Clerk  may  claim  attendance  for  district 

The  clerk  of  any  district  whose  resident  pupils  are  attending 
school  in  another  district  may  notify  the  clerk  of  the  district 
where  such  pupils  attend,  when  the  school  of  said  pupils'  resi- 
dent district  will  be  in  session,  and  of  the  grades  that  will  be 
maintained,  and  he  must  file  a  duplicate  copy  of  said  notice 
with  the  county  superintendent.  He  must  name  the  pupils  in 
his  notice,  and  it  shall  be  the  duty  of  the  district  clerk  so  noti- 
fied, on  or  before  the  thirtieth  day  of  June,  to  certify  to  the 
clerk  of  the  resident  district  the  actual  number  of  days'  attend- 
ance at  school  of  such  pupils  during  the  time  that  a  school  of 
the  grade  to  which  the  pupil  or  pupils  properly  belong  was 
in  session  in  their  resident  district.  And  in  case  said  clerk  shall 
fail  or  refuse  to  furnish  such  information  to  the  clerk  of  the 
resident  district,  then  it  shall  be  the  duty  of  the  county  super- 
intendent to  grant  to  the  district  to  which  the  attendance  be- 
longs the  maximum  number  of  days  claimed  by  the  clerk  of  said 
district.  Without  the  notice  herein  required  by  the  clerk  of 
the  resident  district,  all  claims  to  attendance  will  be  forfeited. 
(L.  '09,  p.  312,  §  5;  Rem.  &  Bal.,  §  4566.) 

248.  Private  schools  shall   report  attendance 

It  shall  be  the  duty  of  the  principal  or  head  of  every  private 
school  on  or  before  the  30th  day  of  June  of  each  year  to  make 
a  sworn  report  to  the  clerk  of  the  district  in  which  any  pupil 
attending  such  private  school  resides  of  the  actual  days'  attend- 
ance in  said  private  school  of  each  such  pupil  attending  said 
private  school  during  the  preceding  school  year.  The  report 
shall  include  such  pupils  only  as  are  between  six  and  twenty- 
one  years  of  age  and  whose  parents  or  guardians  actually  re- 
side in  the  school  district  where  the  said  pupil  resides,  and  each 
district  in  making  up  the  attendance  of  said  district  for  the 
purpose  of  apportionment  shall  be  entitled  to  the  days'  attend- 
ance so  reported.     (L.  '13,  p.  518,  §  1.) 


120  CODE  OF  PUBLIC  INSTRUCTION 

249.  Attendance  in  high  schools 

For  purposes  of  apportionment  of  current  state  school  funcjs, 
the  attendance  of  all  pupils  in  high  school  shall  be  counted  as 
one  and  one-half  times  the  actual  attendance;  but  in  order  to 
receive  the  benefit  of  this  provision  no  tuition  can  be  charged 
any  high  school  pupil,  regardless  of  where  his  residence  may 
be  in  this  state,  if  there  be  no  high  school  in  the  pupil's  resi- 
dent district.     (L.  '09,  p.  313,  §  7;  Rem.  &  Bal.,  §  4568.) 

250.  Attendance   in    parental    schools 

For  purposes  of  apportionment  of  current  school  funds  the 
attendance  of  pupils  in  parental  schools  where  food  and  lodg- 
ing are  furnished  the  pupil  shall  be  counted  as  three  times  the 
actual  attendance,  and  in  schools  for  defectives  five  times  the 
actual  attendance  shall  be  allowed.  (L.  '09,  p.  313,  §  8;  Rem. 
&  Bal.,  §  4569.) 

251.  Attendance   in    night  schools 

In  night  schools  authorized  by  the  laws  of  this  state  an  even- 
ing's attendance  shall  be  counted  as  a  half  day's  attendance 
without  maximum  age  limit.  (L.  '09,  p.  31,  §  9;  Rem.  &  Bal., 
§  5470.) 

252.  Bonus  to  high  school  grades 

In  addition  to  the  regular  quarterly  apportionments  as  pro- 
vided by  law,  the  Superintendent  of  Public  Instruction  shall  ap- 
portion annually  to  each  high  school  the  sum  of  one  hundred 
($100)  dollars  for  each  grade  above  the  grammar  grades 
maintained  in  such  school.  In  order  to  receive  the  bonus  of 
one  hundred  dollars  the  district  must  have  maintained  a  high 
school  in  fact  during  the  preceding  school  year,  and  must  have 
maintained  an  average  daily  attendance  in  each  grade  of  at 
least  four  students.     (L.  '09,  p.  313,  §  9 ;  Rem.  &  Bal.,  §  4571.) 

Apportionments  now  made  six  times  a  year  instead  of  "quarterly."  See, 
supra,  §  243,  Code  Pub.  Ins.,  apportionments. 

253.  County  superintendent  shall   apportion  funds 

It  shall  be  the  duty  of  the  county  superintendent  to  appor- 
tion within  ten  days  after  receiving  the  certificate  of  appor- 


STATE  OP  WASHINGTON 


121 


tionment  of  the  Superintendent  of  Public  Instruction,  such  state 
annual  school  funds  as  are  subject  to  apportionment  to  the 
several  districts  entitled  to  receive  the  same  in  accordance 
with  the  instructions  of  the  Superintendent  of  Public  Instruc- 
tion. He  shall  also  at  the  same  time  apportion  in  the  manner 
provided  in  Section  7,  chapter  9,  Title  III,  of  this  act,  the  coun- 
ty school  funds  that  may  be  in  the  hands  of  the  county  treasurer 
of  his  county.  He  shall  certify  the  result  of  the  apportion- 
ment to  the  county  treasurer,  and  shall  also  notify  each  clerk 
of  the  amount  apportioned  to  his  district.  (L.  '09,  p.  314, 
§11;  Rem.  &  Bal.,  §  4572.) 

Attendance  cannot  be  figured  as  an  asset  until  apportioned. — Campbell. 

254.  When  attendance  may  be  credited  for  time  lost 

When  the  school  board  of  any  district  is  obliged  to  close 
the  schools  by  order  of  the  board  of  health  or  health  officer  on 
account  of  the  prevalence  of  infectious  disease,  or  when  it  is 
impossible  to  maintain  the  school  on  account  of  any  circum- 
stances over  which  the  school  board  has  no  control,  the  State 
Superintendent  of  Public  Instruction  may,  at  his  discretion, 
allow  such  district  its  regular  apportionment  of  funds  for 
the  time  so  lost,  the  amount  to  be  determined  on  a  basis  of 
the  average  daily  attendance  in  the  district  for  the  year  in 
which  such  discontinuance  occurs :  Provided,  That  in  no  such 
case  may  any  district  draw  money  for  a  period  of  time  longer 
than  fifteen  school  days.  (L.  '09,  p.  314,  §  12;  Rem.  &  Bal., 
§   4573.) 

255.  County  superintendent  shall  withhold  apportionment,  when 
Whenever  any  school  board  shall  neglect  or  refuse  to  com- 
ply with  the  provision  of  section  14,  article  7 [5],  chapter  4, 
of  Title  III  of  this  Cede,  it  shall  be  the  duty  of  the  county  sup- 
erintendent to  withhold  the  entire  apportionment  accruing  to 
said  district  until  such  time  as  full  compliance  with  require- 
ments thereof  has  been  made.  (L.  '09,  p.  314,  §13;  Rem.  & 
Bal.,  §  4574.) 

The  annual  reports  of  county  school  superintendents  are  the  only  proper 
basis  of  apportionment  of  public  moneys  by  the  State  Superintendent  of  Public 
Instruction. — Ross. 


^gg  CODE  OP  PUBLIC  INSTRUCTION 

Private  schools  which  make  a  specialty  of  instructing  in  any  branch  other 
than  those  similar  in  character  to  the  common  school  course  prescribed  by  the 
state  course  of  study  are  not  entitled  to  receive  the  benefit  attendance  credited 
to  the  district  in  which  the  pupils  reside.  Such  schools  as  commercial,  music  and 
art  schools  do  not  entitle  a  school  district  to  the  benefit  of  attendance  in  the 
apportionment  of  the  state  school  funds. — Ross. 

School  funds  cannot  be  apportioned  to  any  school  district  that  has  not  main- 
tained school  the  minimum  time  required  by  law  during  the  preceding  school 
year. — Falknor. 

Under  sec.  285  (apportionment  of  county  funds)  the  apportionment  should 
be  made  in  proportion  to  the  number  of  days  of  actual  attendance. — Bell. 

CHAPTER  6— INSTITUTES 

256.  Institutes  must  be  held  in  certain  counties 

Whenever  the  number  of  school  districts  in  any  county  is 
twenty-five  or  more,  the  county  superintendent  must  devote  at 
least  five  days  to  institute  work,  three  of  which  must  be  con- 
secutive. The  county  superintendent  must  arrange  for  the 
remaining  two  days  to  be  spent  in  district  meetings,  visiting 
days,  or  in  any  other  manner  which  he  believes  will  be  of  great- 
est benefit  to  his  teachers.  (L.  '09,  p.  315,  §  1 ;  Rem.  &  Bal., 
§  4575.) 

257.  Joint  institutes  may  be  held 

County  superintendents  of  contiguous  counties  may  by  mu- 
tual arrangement  hold  a  joint  institute,  the  expenses  to  be 
shared  in  proportion  to  the  departments  (rooms)  maintained 
in  the  counties  as  shown  by  the  county  superintendent's  last 
annual  report.     (L.  '09,  p.  315,  §  2;  Rem.  &  Bal.,  §  4576.) 

258.  Teachers  must  attend  institutes 

Every  teacher  holding  a  valid  certificate,  and  employed  in 
a  public  school  in  a  county  where  an  institute  is  held,  must 
attend  such  institute  during  its  whole  time.  (L.  '09,  p.  315, 
§  3;  Rem.  &  Bal.,  §  4577.) 

In  case  a  teacher  is  not  so  employed  it  Is  not  necessary  to  attend  the  county 
institute.  A  school  district  is  only  entitled  to  credit  for  the  attendance  of 
teachers  at  the  county  institute  employed  at  the  time  of  such  institute,  and 
should  the  district  at  a  later  date  employ  another  teacher  who  had  attended  the 
institute  while  not  in  the  employ  of  the  district,  that  the  directors  of  such  dis- 
trict would  not  have  any  power  to  reimburse  the  teacher  for  attendance  at  the 
county   institute. — Lylb. 

259.  Superintendents  of  certain  cities  may  hold   institutes 

In  districts  employing  more  than  one  hundred  teachers,  the 
city  superintendent  may,  in  his  discretion,  hold  a  teachers'  in- 


STATE  OF  WASHINGTON  \%% 

stitute  of  two,  three,  four  or  five  days  in  such  district,  said 
institute  when  so  held  by  the  city  superintendent  to  be  in  all 
respects  governed  by  the  provisions  of  this  Code  relating  to 
teachers'  institutes  held  by  county  superintendents.  (L.  '09, 
p.  315,  §  4;  Rem.  &  Bal.,  §  4578.) 

260.  Time  of  holding  institute 

Each  county  superintendent  shall  determine  the  time  for 
holding  the  teachers'  institute.     (L.  '09,  Ex.  Ses.,  p.  52,  §  1.) 

261.  Pay  of  teachers  shall  not  be  diminished 

When  the  institute  is  held  during  the  time  when  a  teacher 
is  employed  in  teaching,  his  pay  shall  not  be  diminished  by 
reason  of  his  attendance,  when  certified  to  by  the  county  su- 
perintendent, and  in  addition  to  the  actual  attendance  earned 
by  the  district,  an  additional  attendance  shall  be  credited  to 
the  district,  determined  by  multiplying  the  average  daily  at- 
tendance for  the  term  by  the  number  of  days  the  teacher  at- 
tended the  institute.    L.  '09,  p.  315,  §  6 ;  Rem.  &  Bal.,  §  4580.) 

262.  Examination  fees 

All  examination  fees  shall  be  paid  by  the  county  superin- 
tendent or  the  city  superintendent  to  the  county  treasurer,  who 
shall  place  them  to  the  credit  of  the  proper  institute  fund 
hereby  created.     (L.  '09,  p.  316,  §  7;  Rem.  &  Bal.,  §  4581.) 

263.  Superintendent  shall   make  an  estimate  of  expenses 

Each  county  superintendent  or  city  superintendent  shall, 
prior  to  the  holding  of  the  annual  teachers'  institute,  make  an 
estimate  of  the  necessary  expenses  thereof;  and  the  county 
commissioners  must,  thereupon,  and  prior  to  the  date  of  hold- 
ing said  institute,  place  at  the  disposal  of  the  proper  superin- 
tendent out  of  the  county  current  expense  fund  such  an  amount, 
not  to  exceed  $200.00,  as,  in  addition  to  the  amount  then  in 
the  hands  of  the  county  treasurer  in  the  institute  fund,  will 
meet  the  superintendent's  estimate.  (L.  '09,  p.  316,  §  8 ;  Rem. 
&  Bal.,  §  4582.) 

The  county  superintendent  is  the  lawful  auditor  of  all  claims  or  bills  in- 
curred   in    holding    teachers'    institutes.      However,    the    expenditure    for    this 


124 


CODE  OF  PUBLIC  INSTRUCTION 


purpose  is  limited  to  $200  in  excess  of  the  receipts  for  examination  fees.  The 
county  commissioners  have  the  right  to  refuse  to  order  paid  any  manifestly 
improper  or  unlawful  charge. — Ross. 

264.  Superintendent  to  keep  vouchers  and  make  report 

The  county  or  city  superintendent  must  keep  an  accurate 
account  of  the  actual  expenses  of  the  institute,  with  vouchers 
for  same,  and  make  a  complete  report  to  the  county  auditor, 
which  shall  be  placed  on  file  in  his  office  as  a  part  of  the  regular 
files.     (L.  '09,  p.  316,  §  9;  Rem.  &  Bal.,  §  4583.) 

A  member  of  the  faculty  of  the  state  university  can  charge  for  delivering 
lectures  at  institutes,  without  being  subject  to  the  charge  of  receiving  double 
salary. — Lee. 

CHAPTER  7— TEXT  BOOKS 

265.  Classes  of  districts 

For  the  purposes  of  this  chapter,  the  school  districts  of  the 
State  of  Washington  shall  be,  and  they  are  hereby  divided  into 
and  shall  consist  of  two  divisions,  viz. :  School  districts  of  the 
first  division  and  school  districts  of  the  second  division,  and  the 
school  districts  of  the  first  division  shall  consist  of  all  school 
districts  maintaining  a  four-year  accredited  high  school.  Every 
other  school  district  of  the  state  shall  be  a  school  district  of 
the  second  division.     (L.  '09,  p.  316,  §  1 ;  Rem.  &  Bal.,  §  4584.) 

266.  Text  book  commission 

That  the  text-books  for  use  in  the  public  schools  of  each 
school  district  of  the  first  division  shall  be  selected  by  the  text- 
book commission  of  such  school  district.  The  text-book  com- 
mission of  such  school  district  shall  consist  of  five  persons,  in- 
cluding the  city  superintendent,  or,  if  there  be  none,  then  the 
principal  of  the  high  school,  who  shall  be  ex-officio  chairman 
of  the  commission,  and  two  members  of  the  city  board  of  school 
directors  of  the  district,  to  be  designated  by  such  board,  and 
one  of  whom  shall  be  ex-officio  secretary  of  the  commission,  and 
two  lawfully  qualified  teachers  engaged  in  teaching  in  such 
school  district,  to  be  appointed  by  the  board  of  school  directors 
of  the  district.  Each  member  of  the  text-book  commission 
shall  take  the  oath  to  faithfully  discharge  the  duties  of  his 
office.     The  term  of  office  of  the  text-book  commission  shall  be 


STATE  OF  WASHINGTON  125 

one  year  or  until  their  successors  are  appointed  and  qualified. 
Said  text-book  commission  shall  have  power  to  select  text- 
books for  use  in  the  public  schools  of  the  school  district  for 
which  it  is  appointed,  and  it  shall  be  the  duty  of  the  board 
of  directors  to  require  the  introduction  and  use  of  all  text- 
books lawfully  adopted  for  use  in  their  respective  districts. 
The  text-books  selected  by  the  commission  shall  cover  such 
branches  and  studies  as  are  required  to  be  taught  by  the  law- 
fully adopted  course  of  study,  and  as  are  required  to  be  taught 
by  the  laws  of  the  State  of  Washington.  Any  text-book  se- 
lected for  use  in  the  schools  of  the  district  shall  continue  in 
use  until  displaced  or  replaced  by  order  of  the  text-book  com- 
mission, and  no  text-book  selected  or  introduced  into  the 
schools  by  the  text-book  commission  shall  be  displaced  or  re- 
placed within  three  years  from  the  date  of  its  introduction  into 
the  schools.  But  nothing  in  this  act  or  any  other  law  shall 
be  so  construed  as  to  prevent  the  text-book  commission  of  any 
school  district  of  the  first  division  from  using  or  introducing 
at  any  time  any  supplementary  or  additional  books  which  may 
from  time  to  time  be  deemed  necessary  in  order  to  maintain 
the  highest  standard  of  excellence  in  the  schools  of  the  dis- 
trict.    (L.  '09,  p.  316,  §  2;  Rem.  &  Bal.,  §  4585.) 

Text  books  adopted  by  a  district  of  the  second  division  must  be  used  for 
five  years  by  the  district  where  such  district  has  later  become  a  district  of  the 
first  division.  The  text  book  commission  may,  however,  adopt  additional  and 
supplementary  text  books  to  meet  the  requirements  of  additional  grades. — 
Campbell. 

As  to  the  constitutionality  of  former  laws  as  to  the  selection  of  text  books, 
see  Rand,  McNally  d  Co.  v.  Hartranft,  29  Wash.  591. 

267.     Meetings  of  commission  and  selection  of  books 

The  text-book  commission  of  each  school  district  of  the  first 
division  shall,  between  the  first  day  of  April  and  the  first  day 
of  July  of  each  year,  when  any  text-books  are  to  be  selected 
by  such  commission,  publish  an  advertisement  in  a  newspaper 
of  general  circulation  published  in  the  county,  or  if  there  be  no 
such  newspaper  published  in  the  county,  then  in  any  news- 
paper published  and  having  a  general  circulation  in  the  state, 
to  the  effect  that  the  commission  will,  on  a  day  therein  named, 


12g  CODE  OF  PUBLIC  INSTRUCTION 

select  text-books  for  the  use  of  the  schools  in  such  districts, 
and  invite  proposals  for  the  furnishing  of  such  books,  the  pro- 
posals to  state  an  exchange  and  a  retail  price  at  which  the 
proposer  will  furnish  books  for  the  schools  of  the  district  dur- 
ing the  period  of  their  use  in  such  schools.  (L.  '09,  p.  317, 
§  3;  Rem.  &  Bal.,  §  4586.) 

268.  Superintendent  or  principal  to  issue  course  of  study 

It  shall  be  the  duty  of  the  superintendent  or  principal  of  each 
school  in  all  districts  of  the  first  division  to  prepare  and  issue, 
under  the  direction  of  the  board  of  school  directors  of  the  dis- 
trict, a  course  of  study  for  his  schools,  which  course  of  study 
must,  before  going  into  effect,  be  approved  by  the  State  Super- 
intendent of  Public  Instruction.  Such  course  of  study  shall 
conform  to  the  manual,  or  general  outline,  prescribed  by  the 
State  Superintendent  of  Public  Instruction,  and  all  examina- 
tions and  promotions  under  the  same  shall  be  based  upon  the 
minimum  credits  in  each  study,  as  prescribed  by  the  State 
Superintendent  of  Public  Instruction  in  his  general  manual  or 
outline  course  of  study.  (L.  '09,  p.  318,  §  4;  Rem.  &  Bal., 
§  4587.) 

269.  County  board  of  education  to  advertise  for  books 

The  county  board  of  education  in  each  county  of  this  state 
shall,  between  the  first  day  of  April  and  the  first  day  of  July 
of  each  year  when  any  text-books  are  to  be  selected,  publish 
and  advertise  in  a  newspaper  of  general  circulation  in  said 
county  to  the  effect  that  said  county  board  of  education  will 
on  a  day  named  therein  select  text-books  for  the  use  of  all 
the  school  districts  of  the  second  division  in  said  county,  and 
invite  proposals  for  the  furnishing  of  such  books,  the  proposals 
to  state  an  exchange  price,  a  wholesale  price  and  a  retail  price 
at  which  the  proposer  will  furnish  books  for  the  schools  of  all 
districts  of  the  second  division  during  the  period  of  their  use 
in  the  schools  of  such  districts.  Any  text-books  selected  for 
use  in  the  schools  shall  remain  in  use  until  the  same  shall  be 
displaced  or  replaced  by  the  county  board  of  education;  but 
no  book  selected  and  introduced  into  the  schools  shall  in  any 


STATE  OF  WASHINGTON  127 

event  be  changed  within  five  years  from  the  date  of  introduc- 
tion. The  county  board  of  education  or  the  officers  of  any 
school  district  of  the  second  division  shall  have  power  to  se- 
lect, introduce  and  use  additional  and  supplementary  books  at 
any  time,  when  they  deem  it  necessary,  in  order  to  establish  and 
maintain  the  highest  standard  of  excellence  in  their  schools. 
The  Superintendent  of  Public  Instruction  shall  have  power 
and  it  shall  be  his  duty  to  prescribe  a  uniform  course  of  study 
for  all  schools  of  the  second  division:  Provided,  That  any 
publisher  or  publishers  of  school  books  furnishing  books  under 
the  provisions  of  this  act  to  any  district  or  districts  of  this 
state  shall  deposit  with  the  Superintendent  of  Public  Instruc- 
tion a  copy  of  any  and  all  books  so  furnished.  (L.  '09,  p.  318, 
§  5;  Rem.  &  Bal.,  §  4588.) 

A  school  board  cannot  lawfully  purchase  text  books  and  sell  them  to  the 
pupils  of  the  district.  It  can  perform  only  such  acts  as  the  law  authorizes. — 
Falknor. 

Books  selected  by  a  district  when  of  the  second  division  must  be  used  by  it 
after  it  has  become  a  district  of  the  first  division  until  five  years  from  the  time 
they  were  adopted. — Campbell. 

270.  County  superintendents  may  handle  text  books,  when 
Whenever  any  text-book  adopted  by  lawful  authority  is  sold 

within  any  county  at  a  price  greater  than  the  retail  price 
agreed  upon,  at  the  time  of  the  adoption,  it  shall  be  the  duty 
of  the  company  having  the  contract  to  furnish  any  such  book, 
to  furnish  the  county  superintendent  upon  his  written  demand 
a  sufficient  number  of  copies  of  said  book  to  supply  the  schools 
in  the  districts  in  which  the  price  charged  is  greater  than  the 
agreed  price.  It  shall  be  the  duty  of  the  county  superintend- 
ent to  handle  said  books  without  charge  and  to  remit  to  the 
book  company  the  full  retail  price  of  such  books  after  deduct- 
ing the  necessary  charges  for  all  transportation.  (L.  '09,  p. 
319,  §  6;  Rem.  &  Bal.,  §  4589.) 

271.  Compensation  of  text  book  commissioners 

Each  member  of  the  text-book  commission,  in  school  districts 
of  the  first  division,  shall  receive  as  compensation  for  his  ser- 
vices the  sum  of  three  dollars  for  each  day  during  which  he 
is  in  attendance  upon  the  meetings  of  the  text-book  commis- 


128  CODE  OF  PUBLIC  INSTRUCTION 

sion,  and  such  compensation  shall  be  paid  from  the  funds  of 
the  school  district.     (L.  '09,  p.  319,  §  7 ;  Rem.  &  Bal.,  §  4590.) 

272.  Joint  district  in  county  where  school  house  is  located 

In  all  joint  districts  of  the  second  division,  that  is  to  say, 
in  all  school  districts  of  the  second  division  situated  in  more 
than  one  county,  such  joint  school  district  shall,  for  the  pur- 
pose of  this  act,  be  held  and  deemed  to  be  a  school  district 
within  the  said  county  in  which  the  school  house  is  located, 
and  for  all  purposes  of  this  act  it  shall  be  under  the  control 
and  jurisdiction  of  the  county  board  of  education  of  that 
county.     (L.  '09,  p.  319,  §  8;  Rem.  &  Bal.,  §  4591.) 

CHAPTER  8— COUNTY  CIRCULATING  LIBRARY 

273.  County  superintendent  may  establish  library 

The  county  superintendent  of  each  county  of  this  state  may 
establish  a  circulating  library  for  the  use  and  benefit  of  the 
pupils  of  the  common  schools  of  such  county.  (L.  '09,  p.  320, 
§  1;  Rem.  &  Bal.,  §  4592.) 

274.  County  commissioners  may  levy  taxes 

At  the  time  fixed  for  the  levy  of  the  county  tax,  the  county 
commissioners  of  each  county  may  levy  a  tax  sufficient  to  carry 
into  effect  the  provisions  of  section  one  of  this  chapter:  Pro- 
vided, That  said  tax  shall  not  exceed  one-tenth  of  one  mill  on 
each  dollar  of  the  assessed  valuation  of  the  said  county.  The 
proceeds  of  said  tax  sliall,  when  collected,  constitute  a  circu- 
lating school  library  fund  for  the  payment  of  all  bills  created 
by  the  purchase  of  books  and  fixtures  by  the  county  superin- 
tendent.    (L.  '09,  p.  320,  §  2;  Rem.  &  Bal.,  §  4593.) 

275.  County  superintendent  shall   certify  bills 

The  county  commissioners  shall  allow  no  bill  or  bills  against 
said  fund  until  it  shall  have  been  certified  to  be  correct  by  the 
county  superintendent.  (L.  '09,  p.  32(T,  §  3;  Rem.  &  Bal., 
§  4594.) 

276.  County  superintendent  shall    not  contract  indebtedness 

The  county  superintendent  shall  purchase  no  books  or  fix- 
tures for  such  circulating  library  until  there  shall  be  to  the 


STATE  OP  WASHINGTON 


129 


credit  of  the  circulating  school  library  fund  sufficient  money 
to  pay  the  purchase  price  thereof.  (L.  '09,  p.  320,  §  4; 
Rem.  &  BaL,  §  4595.) 

277.  Books  to  be  recommended,  by  whom 

No  book  shall  be  placed  in  a  county  circulating  library  un- 
less it  has  been  recommended  by  the  State  Board  of  Education, 
or  the  Superintendent  of  Public  Instruction.  (L.  '09,  p.  320, 
§5;  Rem.  &  Bal.,  §4596.) 

278.  County  superintendent  to  purchase  books  and  enforce  regulations 
It  shall  be  the  duty  of  the  county  superintendent  to  pur- 
chase the  books  and  to  enforce  such  rules  and  regulations  for 
their  distribution,  use,  care  and  preservation  as  he  may  deem 
necessary.     (L.  '09,  p.  320,  §  6;  Rem.  &  Bal.,  §  4597.) 

CHAPTER  9— SCHOOL  REVENUES 

279.  Source  of  school  funds 

The  principal  of  the  common  school  fund  shall  remain  per- 
manent and  irreducible.  The  said  fund  shall  be  derived  from 
the  following  named  sources,  to-wit:  Appropriations  and  do- 
nations by  the  state  to  this  fund;  donations  and  bequests  by 
individuals  to  the  state  or  public  for  common  schools;  the 
proceeds  of  lands  and  other  property  which  revert  to  the  state 
by  escheat  and  forfeiture ;  the  proceeds  of  all  property  granted 
to  the  state,  when  the  purpose  of  the  grant  is  not  specified,  or 
is  uncertain ;  funds  accumulated  in  the  treasury  of  the  state 
for  the  disbursement  of  which  provision  has  not  been  made  by 
law ;  the  proceeds  of  the  sale  of  timber,  stone,  minerals  or  other 
property  from  school  and  state  lands,  other  than  those  granted 
for  specific  purposes ;  all  moneys  received  from  persons  ap- 
propriating timber,  stone,  minerals  and  other  property  from 
school  and  state  lands,  other  than  those  granted  for  specific 
purposes,  and  all  moneys  other  than  rental,  recovered  from 
persons  trespassing  on  said  lands;  five  per  centum  of  the  pro- 
ceeds of  the  sale  of  public  lands  lying  within  the  state,  which 
shall  be  sold  by  the  United  States  subsequent  to  the  admission 


130  CODE  OP  PUBLIC  INSTRUCTION 

of  the  state  into  the  Union  as  approved  by  section  13  of  the 
act  of  Congress  enabling  the  admission  of  the  state  into  the 
Union;  the  principal  of  all  funds  arising  from  the  sale  of 
lands  and  other  property  which  have  been,  and  hereafter  may 
be  granted  to  the  state  for  the  support  of  common  schools, 
and  such  other  funds  as  may  be  provided  by  legislative  enact- 
ment.    (L.  '09,  p.  320,  §  1;  Rem.  &  Bal.,  §  4598.) 

This  section  is  a  copy  of  part  of  Const.,  art.  IX,  sec.  3. 
See,  infra,  §  550,  Code  Pub.  Ins.,  investment  of  funds. 

280.  Loss  a  permanent  debt  to  the  state 

All  losses  to  the  permanent  common  school  or  any  other 
state  educational  fund,  which  shall  be  occasioned  by  defalca- 
tion, mismanagement  or  fraud  of  the  agents  or  officers  controll- 
ing or  managing  the  same,  shall  be  audited  by  the  proper  au- 
thorities of  the  state.  The  amount  so  audited  shall  be  a  per- 
manent funded  debt  against  the  state  in  favor  of  the  particular 
fund  sustaining  such  loss,  upon  which  not  less  than  six  per  cent, 
annual  interest  shall  be  paid.  (L.  '09,  p.  321,  §  2;  Rem.  & 
Bal.,  §  4599.) 

This  section  is  a  copy  of  part  of  the  Const.,  art.  IX,  sec.  4. 

281.  Current  school  funds 

The  interest  accruing  on  said  permanent  school  fund,  to- 
gether with  all  rentals  and  other  revenues  derived  therefrom, 
and  from  lands  and  other  property  devoted  to  the  common 
school  fund,  shall  be  exclusively  applied  to  the  current  use  of 
the  common  schools. 

In  addition  thereto  it  shall  be  the  duty  of  the  State  Board 
of  Equalization,  annually,  at  the  time  of  levying  taxes  for 
state  purposes,  to  levy  a  tax  sufficient  to  produce  a  sum  which, 
when  added  to  the  amount  of  money  derived  from  interest  and 
other  income  from  the  state  permanent  school  fund  during  the 
preceding  school  year,  shall  equal  $10.00  for  each  child  of 
school  age  residing  in  the  state  as  shown  by  the  last  reports  of 
the  several  county  superintendents  to  the  Superintendent  of 
Public  Instruction:  Provided,  That  said  tax  shall  not  exceed 
five  (5)  mills  on  the  dollar. 


STATE  OF  WASHINGTON  \%\ 

The  funds  provided  by  this  section  shall  be  known  as  the 
current  state  school  fund.  (L.  '09,  p.  321,  §  3 ;  Rem.  &  Bal., 
§  4600.) 

School  buildings  cannot  be  built  and  paid  for  with  warrants  on  the  general 
fund. — Campbell. 

282.  Tax  levy  must  be  certified 

The  tax  levy  authorized  by  section  3  of  this  chapter  shall  be 
certified  to  the  several  county  auditors  in  the  same  manner  as 
other  state  taxes  are  required  to  be  certified,  and  shall  be  col- 
lected and  retained  as  other  public  funds,  by  the  county  treas- 
urers, until  paid  out  in  the  manner  prescribed  by  law. 

The  county  treasurer  shall  certify  to  the  State  Auditor  the 
amount  of  moneys  so  collected.  It  shall  be  the  duty  of  the  State 
Auditor,  within  thirty  (30)  days  after  the  date  at  which  the 
county  treasurers  are  required  to  transmit  state  funds  to  the 
State  Treasurer,  to  certify  to  the  Superintendent  of  Public  In- 
struction the  amount  of  all  current  state  school  funds  in  the 
hands  of  the  State  Treasurer  and  county  treasurers  subject  to 
apportionment.  In  the  event  that  there  shall  be  an  excess  over 
the  amount  apportioned  in  the  hands  of  the  county  treasurer, 
the  amount  shall  be  transmitted  forthwith  to  the  State  Treas- 
urer. In  the  event  that  there  shall  not  be  in  the  hands  of  the 
county  treasurer  sufficient  to  pay  the  amount  apportioned  to 
his  county,  the  deficiency  shall  be  paid  by  the  State  Treasurer. 
(L.  '09,  p.  322,  §  4;  Rem.  &  Bal.,  4601.) 

283.  County  tax  must  be  levied 

The  county  commissioners  of  the  several  counties  of  the  State 
of  Washington  shall  annually,  at  the  time  of  making  the  tax 
levy  for  county  purposes,  levy  a  tax  on  all  the  property  sub- 
ject to  taxation  in  their  county,  sufficient  to  produce  the  sum 
of  ten  dollars  for  each  child  of  school  age  therein,  as  is  shown 
by  the  certificate  of  the  county  superintendent  hereinafter  men- 
tioned: Provided,  That  such  tax  on  said  property  shall  in  no 
case  exceed  five  mills  on  each  dollar,  at  the  assessed  valuation ; 
such  tax  to  be  used  for  the  support  and  maintenance  of  the 
public  schools  in  such  county.  (L.  '09,  p.  332,  §  5 ;  Rem.  & 
Bal.,  §  4602.) 


132  CODE  OF  PUBLIC  INSTRUCTION 

284.  County  superintendent  to  certify  school  census 

It  shall  be  the  duty  of  the  county  superintendent  of  each 
county  in  the  State  of  Washington,  between  the  fifteenth  day 
of  August  and  the  first  day  of  September  of  each  year,  to  file 
with  the  county  auditor  of  his  county  a  certificate  showing  the 
number  of  children  of  school  age  in  each  district  in  his  county, 
as  is  returned  to  him  by  the  several  school  districts  therein,  and 
said  certificate  shall  be  the  basis  upon  which  said  tax  levy,  as 
mentioned  in  section  5  hereof,  shall  be  made  by  the  county 
commissioners  of  the  several  counties  of  the  State  of  Washing- 
ton.    (L.  '09,  p.  323,  §  6;  Rem.  &  Bal.,  §  4603.) 

New  districts  forming  canDot  participate  in  fund  until  after  filing  of  certifi- 
cate of  county  superintendent  with  county  auditor. — Lylb. 

285.  How  county  funds  must  be  apportioned 

At  the  same  time  that  the  state  school  funds  are  apportioned 
to  the  different  districts,  as  provided  in  chapter  5,  Title  III, 
of  this  act,  the  whole  of  the  money  derived  under  section  5  of 
this  chapter  shall  be  apportioned  as  follows :  Two-thirds 
thereof  shall  go  to  the  different  districts  of  each  county  in  pro- 
portion to  the  number  of  days  of  attendance  in  each  district 
for  the  preceding  school  year,  and  one-third  thereof  shall  go 
to  the  different  districts  of  each  county  in  proportion  to  the 
number  of  teachers  employed  in  such  district  for  the  preceding 
school  year:  Provided,  That  where  a  district  employed  a  sec- 
ond or  additional  teacher  for  a  term  less  than  eight  months 
such  district  shall  receive  one-eighth  of  an  apportionment  for 
each  teacher  for  each  month  she  is  actually  employed.  (L.  '09, 
p.  323,  §  7;  Rem.  &  Bal.,  §  4604.) 

See,  supra,  sec.  195,  Code  Pub.  Ins.,  levy  in  first  class  district. 

See,  supra,  sec.  203,  Code  Pub.  Ins.,  levy  in  second   class  district. 

See,  supra,  sec.  219,  Code  Pub.  Ins.,  levy  in   third   class   district. 

See,  infra,  sec.  294,  Code  Pub.  In3.,  bond  interest  levy. 

286.  District  taxes  may  be  levied 

In  addition  to  the  school  revenues  provided  by  sections  3  and 
6[5~\  of  this  chapter,  for  the  support  of  the  common  schools 
of  this  state,  a  tax  may  be  levied  upon  all  taxable  property  in 
each  school  district  of  this  state,  in  the  manner  provided  by 


STATE  OP  WASHINGTON  133 

law,  and  the  funds  thereby  created  shall  be  known  as  the  "School 
District  Fund." 

The  "School  District  Fund,"  together  with  the  apportion- 
ment from  the  "Current  State  School  Fund"  and  the  county 
apportionments,  shall  constitute  the  "General  School  Fund"  of 
each  school  district.   (L.  '09,  p.  323,  §  8;  Rem.  &  Bal.,  §  4605.) 

The  building  of  a  new  school  house  and  the  purchase  of  a  school  house  site 
does  not  come  under  "current  expenses."  Neither  do  they  come  under,  "support 
of  the  common  schools."  Both  the  terms  "support"  and  "current  expenses" 
when  applied  to  the  common  schools  of  this  state  mean  continuing  regular  ex- 
penditures for  the  maintenance  of  the  schools :    Sheldon  v.  Purdy,  17  Wash.  135. 

287.  Certain  moneys  to  be  placed  to  the  credit  of  the  current  school 

fund 

Except  as  otherwise  provided  by  law,  all  sums  of  money  de- 
rived from  fines  imposed  for  violation  of  orders  of  injunction, 
mandamus  and  other  like  writs,  or  for  contempt  of  court,  and 
the  net  proceeds  of  all  fines  collected  within  the  several  counties 
of  the  state  for  breach  of  the  penal  laws,  and  all  funds  arising 
from  the  sale  of  lost  goods  and  estrays,  and  from  penalties  and 
forfeitures,  shall  be  paid  in  cash  by  the  person  collecting  the 
same,  within  twenty  days  after  the  collection,  to  the  county 
treasurer  of  the  county  in  which  the  same  have  accrued,  and 
shall  be  by  him  transmitted  to  the  State  Treasurer,  who  shall 
place  the  same  to  the  credit  of  the  current  state  school  fund. 
He  shall  indicate  in  such  entry  the  source  from  which  such 
money  was  derived.     (L.  '09,  p.  323,  §  9 ;  Rem.  &  Bal.,  §  4606.) 

CHAPTER  10— BONDS 

288.  Directors  may  borrow  money  upon  bonds 

The  board  of  directors  of  any  school  district,  provided  for 
in  this  act,  or  hereafter  created  in  this  state,  may  borrow 
money  and  issue  negotiable  coupon  bonds  therefor  to  any 
amount  not  to  exceed  five  (5)  per  cent,  of  the  taxable  property 
in  such  district,  as  shown  by  the  last  assessment  roll  for  county 
and  state  purposes  previous  to  the  incurring  of  such  indebted- 
ness ;  except  that  in  incorporated  cities  the  assessment  shall 
be  taken  from  the  last  assessment  for  city  purposes,  for  the 
purpose  of  funding  outstanding  indebtedness,  or  bonds  here- 
tofore issued,   or  issued  under   the  provisions   of  this   act,  or 


234  CODE  OF  PUBLIC  INSTRUCTION 

for  the  purchase  of  school  house  site  or  sites,  building  one  or 
more  school  houses  and  providing  the  same  with  all  necessary 
furniture,  apparatus  or  equipment,  or  for  any  or  all  of  these 
purposes,  when  authorized  by  a  vote  of  the  district  so  to  do  as 
provided  in  section  2  of  this  chapter:  Provided,  That  the 
bonds  so  issued  shall  bear  a  rate  of  interest  not  to  exceed  six 
per  cent,  per  annum,  interest  payable  annually  or  semi-annu- 
ally, payable  and  redeemable  at  such  time  as  may  be  desig- 
nated in  the  bonds,  but  not  to  exceed  twenty  (20)  years  from 
date  of  issue.     (L.  '09,  p.  324,  §  1;  Rem.  &  Bal.,  §  4607.) 

Bonds  shall  not  bear  a  higher  rate  of  interest  than  six  per  cent.,  and  a  dis- 
trict cannot  directly  or  indirectly  pay  more. — Stratton. 

A  district  may  refund  previous  valid  bond  indebtedness  by  issuing  new  bonds 
and  after  selling  the  same  for  par,  pay  off  the  old  indebtedness  with  the  pro- 
ceeds.— Lyle. 

Where  the  complaint  in  an  action  to  enjoin  the  issuance  of  school  bonds 
alleges  that  their  issuance  will  increase  the  indebtedness  of  the  school  district 
to  an  amount  exceeding  one  and  one-half  (now  5)  per  cent,  of  the  taxable 
property  therein,  it  will  be  presumed  from  the  fact  that  a  certain  part  of  the 
proceeds  of  the  bonds  is  to  be  devoted  to  paying  outstanding  indebtedness  of 
of  the  district,  that  the  indebtedness  will  be  kept  within  the  one  and  one-half 
per  cent  limit,  in  which  case  the  casting  of  certain  illegal  votes  at  such  election 
will  not  invalidate  the  issue  of  bonds,  if  the  rejection  of  the  illegal  vote  would 
still  leave  the  majority  in  favor  thereof  :  Luzader  v.  Sargeant,  4  Wash.  299. 

The  directors  of  a  district  cannot  be  compelled  to  open  and  maintain  a  pub- 
lic school  where  it  appears  that  the  indebtedness  of  a  school  district,  including 
its  one  and  one-half  (now  5)  per  cent  limitation  allowed  by  the  Constitution 
and  that  the  bonded  indebtedness  has  not  been  created  under  a  vote  of  the 
people  authorizing  the  incurring  of  such  indebtedness  in  excess  of  such  limita- 
tion, and  there  are  no  moneys  on  hand  for  school  purposes  :  Stanley  v.  McGeorge, 
17  Wash.  8. 

289.     Bond  elections 

That  the  question  whether  bonds  shall  be  issued,  as  pro- 
vided in  section  1  of  this  chapter,  shall  be  determined  at  an 
election  to  be  held  in  the  manner  prescribed  by  law  for  hold- 
ing annual  school  elections.  Notice  therefor  shall  state  the 
amount  of  bonds  proposed  to  be  issued,  time  they  are  to  run, 
and  purpose  for  which  the  money  is  to  be  used.  The  ballot 
must  contain  the  words,  "Bonds,  yes,"  or  "Bonds,  no."  If  a 
majority  of  the  votes  cast  at  such  election  are  '"Bonds,  yes," 
the  board  of  directors  must  issue  such  bonds :  Provided,  That 
if  the  amount  of  bonds  to  be  issued,  together  with  any  out- 
standing indebtedness  of  the  district,  exceeds  one  and  one-half 
per  cent  of  the  taxable  property  in  said  district,  then  three- 


STATE  OF  WASHINGTON  135 


fifths  of  the  votes  cast  at  such  election  must  be  "Bonds,  yes," 
before  the  board  of  directors  are  authorized  to  issue  said  bonds. 
The  bonds  shall  be  in  such  form  as  the  board  of  directors  may 
prescribe,  and  shall,  with  the  coupons,  be  signed  by  the  board 
of  directors  and  countersigned  by  the  clerk  of  the  school  dis- 
trict: Provided,  That  in  school  districts  of  the  first  class  said 
bonds,  with  the  coupons,  shall  be  signed  in  the  corporate  name 
of  the  district  by  the  president  of  the  board  of  directors  thereof 
and  attested  by  the  secretary  of  the  board,  except  that  said 
coupons  may  bear  the  lithograph  signatures,  only,  of  the  said 
president  and  secretary ;  in  districts  of  the  first  class  the  cor- 
porate seal  of  the  said  district  shall  be  affixed  to  each  bond  by 
the  secretary  thereof.  (L.  '09,  p.  324,  §  2;  Rem.  &  Bal., 
§  4608.) 

In  determining  whether  these  propositions  for  bonding  are  separate  and  dis- 
tinct from  one  another,  the  courts  consider  the  object  and  purposes  announced 
in  the  questions  to  be  submitted,  and  if  they  are  not  found  to  be  naturally  re- 
lated and  connected,  they  conclude  that  they  are  such  as  must  be  submitted 
separately.  In  our  opinion  the  objects  and  purposes  announced  by  these  three 
propositions,  viz.,  the  erecting  and  furnishing  a  high  school  building,  the  gen- 
eral improvement  of  buildings  in  the  district,  and  the  refunding  of  an  outstanding 
warrant  indebtedness,  are  not  naturally  related  or  connected,  so  that  they  could 
not  be  properly  submitted  as  one  proposition,  but  each  question  should  be  set 
forth  in  L  manner  which  would  permit  the  electors  to  express  their  free  and 
voluntary  opinion  upon  each  one  separately.  In  this  connection,  we  would  sug- 
gest that  the  second  proposition  be  more  definitely  set  forth,  as  the  object  of 
submitting  these  questions  to  the  voters  is  not  only  to  secure  from  them  their 
opinion  upon  the  question  of  incurring  the  indebtedness,  but  also  to  secure  from 
them  their  approval  or  disapproval  of  the  objects  sought  to  be  attained. — Camp- 
bell. 

A  less  amount  than  voted  cannot  be  issued. — Campbell. 

Separate  and  distinct  propositions  may  be  submitted  at  one  election,  and  on 
the  same  ballot,  as  long  as  the  voter  has  the  opportunity  to  express  himself 
separately  on  each  one. — Campbell. 

Under  Ballinger's  Code,  §2388,  (Rem.  &  Bal.,  §4608),  prescribing  that  the 
question  of  issuing  school  bonds  to  an  election  held  in  the  manner  of  holding 
special  elections,  and  under  Ballinger's  Code,  §  2384,  prescribing  that  special 
elections  shall  be  called  in  the  manner  of  calling  annual  elections,  ten  days' 
notice,  posted  in  three  places  is  sufficient  notice  of  an  election  submitting  the 
issuance  of  school  bonds  :     Luzader  v.  Sargeant,  4  Wash.  299. 

The  registration  law  has  no  application  to  such  elections :     Id. 

The  fact  that  a  board  of  school  directors  has  repeatedly  called  an  election 
for  authority  to  issue  school  bonds  will  not  invalidate  their  issuance  after  an 
election  has  been  held  which  granted  necessary  authority  :     Id. 

The  fact  that  notice  of  election  for  the  purpose  of  authorizing  the  issuance 
of  bonds  by  a  school  district  arbitrarily  fixed  the  rate  of  interest  at  four  per 
cent,  instead  of  leaving  the  rate  open  to  competition,  would  not  invalidate  the 
election  :     Parkinson  v.  Seattle  School  District,  28  Wash.  335. 


136  CODE  OF  PUBLIC  INSTRUCTION 

290.     Bonds  shall  be  advertised 

When  authorized  and  empowered  to  issue  bonds,  as  pro- 
vided in  sections  1  and  &  of  this  chapter,  the  board  of  directors 
shall,  within  thirty  days  after  the  date  of  election,  certify  the 
result  to  the  county  treasurer  to  which  said  school  district 
belongs,  who  shall  publish  notice  of  the  sale  of  such  bonds,  in  at 
least  one  weekly  newspaper  published  at  the  county  seat,  if 
there  be  one,  for  four  consecutive  issues,  and  publish  such  other 
notices  as  the  board  of  directors  may  require.  Said  notices  must 
give  the  amounts  of  bonds  to  be  sold,  the  time  to  run,  where 
payable,  the  option,  if  any,  of  the  district  to  redeem,  and  also 
naming  the  hour  and  day  for  considering  bids,  and  asking 
bidders  to  name  price  and  rates  of  interest  at  which  they  will 
purchase  such  bonds  or  any  of  them.  Such  bonds  shall  be 
issued  in  denominations  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars  ($1,000),  and  shall  contain  upon 
their  face  the  date  and  series  of  issue,  rate  of  interest,  where 
payable,  time  to  run,  option,  if  any,  of  district  to  redeem,  and 
the  printed  or  lithographed  statement  that  said  bond  is  issued 
under  the  provisions  of  this  act,  and  that  the  whole  indebted- 
ness of  said  district  does  not  exceed  the  constitutional  limit. 
Each  bond  so  issued  must  be  registered  by  the  county  treasurer 
in  a  book  to  be  kept  for  that  purpose,  which  must  show  the 
number  and  such  data  as  is  necessary  to  secure  a  complete  rec- 
ord of  such  bond,  the  series  and  amount  of  such  bond,  the  per- 
son to  whom  the  same  is  issued,  the  number  of  the  district  issu- 
ing, together  with  the  names  of  directors  signing  the  same ;  and 
the  said  bond  shall  be  endorsed  by  the  treasurer,  with  his  name 
and  a  full  statement  of  the  name  of  the  person  to  whom  sold, 
and  when  issued,  together  with  the  number  and  series  of  said 
bond:  Provided,  That  in  the  case  of  joint  school  districts  the 
bond  or  bonds  shall  be  registered  by  the  treasurer  of  each 
county  in  which  any  part  of  such  joint  school  district  shall  lie. 
(L.  '09,  p.  325,  §  3;  Rem.  &  Bal.,  §  4609.) 

If  no  bids  are  received  they  must  be  re-advertised. — Bell. 
The  directors  of  a  consolidated  district  must  accept  the  best  bid  submitted. 
—  Campbell. 

A  county  treasurer,   who  is  also  ex-offlcio   treasurer   of  a  school   district  of 


STATE  OF  WASHINGTON 


137 


his  county,  is  not  entitled  to  a  commission  or  percentage  for  receiving  and  dis- 
bursing the  proceeds  of  certain  school  bonds,  of  the  district,  whether  he  acted 
In  the  performance  of  such  duties  as  treasurer  of  the  county  or  of  the  district : 
School  District  v.  Cole,  4  Wash.  395.      . 

Where  a  county  treasurer,  having  in  his  possession  the  funds  of  a  school 
district,  refuses  "for  want  of  funds"  to  pay  a  proper  warrant  drawn  upon  him 
he  is  chargeable  with  interest  on  the  whole  fund  in  his  hands  from  the  date  of 
his  refusal  to  pay  such  warrant :     Id. 

Under  former  laws,  which  provide  that  the  county  treasurer  must  make  a 
call  for  bids  wherein  he  shall  ask  bidders  to  name  price  and  rates  of  interest, 
requiring  such  bonds  to  be  sold  to  the  person  making  the  most  advantageous 
offer,  the  failure  of  the  treasurer  in  his  notice  to  require  bidders  to  name  the 
rate  of  interest  would  be,  in  the  absence  of  bad  faith  or  oppression,  but  a  mere 
irregularity,  not  affecting  the  validity  of  the  bonds,  where  the  bids  accepted 
was  for  the  face  of  the  bonds  with  a  premium  which  in  effect  decreased  the  in- 
terest rate  named  by  the  school  district :  Parkinson  v.  Seattle  District  No.  One, 
28  Wash.  335. 

291.     Sale  of  bonds 

At  the  time  named  in  said  notice  it  shall  be  the  duty  of  said 
board  of  directors  to  meet  with  the  county  treasurer  at  his 
office,  and  with  him  open  said  bids,  and  sell  said  bonds,  or  any 
portion  thereof  to  the  person  or  persons  making  the  most  ad- 
vantageous offer:  Provided,  The  bonds  shall  never  be  sold 
below  par,  and  the  board  of  directors  may  reject  any  and  all 
bids,  and  at  any  time  within  two  years  of  the  election  at  which 
authority  was  granted  to  issue  and  sell  said  bonds,  the  board 
of  directors  may  proceed  to  readvertise  the  sale  of  such  bonds 
or  any  portion  thereof  as  often  as  may  be  necessary,  until  the 
whole  thereof  shall  be  sold ;  and  such  board  may  also  require  all 
persons  bidding  for  such  bonds,  except  the  State  of  Washing- 
ton, to  deposit  one  per  centum  of  the  par  value  of  the  bonds 
bid  for  on  depositing  with  the  treasurer  their  bids,  and  if  the 
bidder  fails  to  take  and  pay  for  the  bonds  for  which  he  bid 
in  case  of  their  sale  to  him,  the  amount  so  deposited  shall  be 
forfeited  to  the  school  district ;  otherwise  to  be  returned  to  such 
bidder,  and  a  resale  of  such  bonds  so  refused  to  be  taken  may 
be  made  as  if  the  bid  for  the  same  had  been  rejected.  Upon 
the  sale  of  the  bonds,  the  board  of  directors  shall,  within  ten 
days,  or  as  soon  thereafter  as  practicable,  deliver  the  bonds, 
properly  executed,  to  the  county  treasurer,  taking  his  receipt 
therefor.  The  county  treasurer  shall,  upon  payment  of  the 
price  agreed  upon,  deliver  the  same  to  the  person  or  persons 
to  whom  sold,  and  place  the  moneys  arising  from  such  sale  to 


Igg  CODE  OF  PUBLIC  INSTRUCTION 

the  credit  of  the  general  school  fund  of  the  district:  Provided, 
That  where  the  bonds  have  been  sold  for  the  purchase  of 
school  house  site  or  sites,  building  one  or  more  school  houses 
and  providing  same  with  all  necessary  furniture,  apparatus  or 
equipment,  or  for  any  or  all  of  these  purposes,  he  shall  place 
the  money  derived  from  such  sale  to  the  credit  of  the  building 
fund  of  the  district,  and  such  fund  is  hereby  created.  Fees  for 
advertising  shall  be  deducted  from  the  proceeds:  Provided, 
That  if  the  board  of  directors  and  the  person  or  persons  to 
whom  the  bonds  are  sold  agree  that  the  delivery  of  said  bonds 
shall  be  in  installments,  the  county  treasurer  shall  hold  said 
bonds,  and  deliver  to  purchasers  only  on  written  order  of  the 
board  of  directors  to  deliver  at  specified  time  the  bonds  desig- 
nated by  number  and  series.     (L,  '11,  p.  390,  §  1.) 

292.  May  exchange  warrants  for  bonds 

If  bonds  issued  under  this  chapter  are  not  sold  as  herein  pro- 
vided, the  holders  of  unpaid  warrants  drawn  on  the  county  treas- 
urer by  such  district  for  an  indebtedness  existing  at  the  date 
of  the  election  may  exchange  said  warrants  at  the  face  value 
thereof  and  accrued  interest  thereon  for  coupon  bonds  issued 
under  this  chapter,  at  not  less  than  par  value  and  accrued  in- 
terest of  such  bonds  at  the  time  of  the  exchange ;  such  exchange 
to  be  made  under  such  regulations  as  may  be  provided  by  the 
board  of  directors  of  such  district.  (L.  '09,  p.  327,  §  5 ;  Rem. 
&  Bal..  §  4611.) 

293.  Joint  school  districts 

For  the  purposes  of  this  chapter  a  joint  school  district  shall 
be  deemed  as  belonging  to  the  county  in  which  the  school  house 
is  located,  if  there  be  a  school  house,  and  if  there  be  no  school 
house,  then  it  shall  be  deemed  as  belonging  to  the  county  in 
which  the  district  owns  a  school  house  site  that  has  been  lawfully 
selected  by  the  electors  of  the  district.  (L.  '09,  p.  327,  §  6 ; 
Rem.  &  Bal.,  §  4612.) 

294.  Levy  for  interest  and  sinking  fund 

The  county  commissioners  must  ascertain  and  levy  annually, 
in  addition  to  the  school  district  tax,  the  tax  necessary  to  pay 


STATE  OF  WASHINGTON  I39 

the  interest  upon  such  bonds  as  it  becomes  due,  and  at  the  ex- 
piration of  one-half  of  the  time  for  which  said  bonds  are  to  run, 
and  annually  thereafter,  until  full  payment  of  said  bonds  is 
made,  they  shall  levy,  in  addition  to  the  tax  required  to  pay  the 
interest,  such  amount  for  sinking  fund  to  meet  the  payments  of 
said  bonds  at  maturity,  to  be  determined  by  dividing  the  amount 
of  bonds  outstanding  by  the  remaining  number  of  years  to  run, 
and  the  fund  arising  from  such  levy  shall  be  kept  as  the  bond 
redemption  fund  of  said  district,  and  each  of  said  tax  levies  shall 
be  a  lien  upon  the  property  of  said  district,  and  must  be  collected 
in  the  same  manner  as  the  taxes  for  other  school  purposes :  Pro- 
vided, That  the  county  treasurer,  when  authorized  to  do  so  by 
the  board  of  directors  of  any  school  district  may  invest  any  ac- 
cumulated or  other  sinking  fund  of  said  district  in  school,  coun- 
ty or  state  warrants  of  the  State  of  Washington,  and  all  pro- 
fits accruing  from  such  investment,  and  the  funds  so  invested, 
shall  revert  to  the  sinking  or  other  fund  of  said  district,  and  the 
county  treasurer  shall  be  custodian  of  all  warrants  purchased 
by  and  with  the  said  sinking  fund,  until  the  same  are  redeemed : 
And  provided  further,  That  the  county  treasurer,  when  author- 
ized to  do  so  by  the  board  of  directors  of  any  school  district,  may 
purchase  and  redeem  any  of  the  outstanding  bonds  of  said  dis- 
trict, paying  for  said  bonds  out  of  the  accumulated  sinking 
fund  of  the  district;  all  revenues  provided  for  in  this  section 
shall  constitute  a  separate  fund,  to  be  known  as  the  bond  re- 
demption fund.     (L.  '11,  p.  391,  §  2.) 

It  is  the  duty  of  the  board  of  county  commissioners,  at  the  expiration  of 
one-half  the  time  the  bonds  of  any  district  are  to  run,  to  levy,  in  addition  to 
the  taxes  required  to  pay  the  interest  on  the  bonds,  an  amount  for  a  sinking 
fund  to  meet  the  payment  of  the  bonds  at  maturity.  Nothing  is  said  about  re- 
quiring the  question  to  be  submitted  to  the  electors  of  the  district.  The  provis- 
ions of  §  294,  Code  of  Public  Instruction,  are  separate  and  distinct  from  the  re- 
quirements of  §  203,  Code  of  Public  Instruction.  We  are  therefore  of  the  opin- 
ion that  the  county  commissioners  must  levy  an  amount  sufficient  to  create  a 
sinking  fund. — Lyle. 

The  county  treasurer  cannot  lawfully  transfer  money  from  the  bond  redemp- 
tion fund  to  the  building  fund  of  a  district  to  retire  the  outstanding  warrants 
against  the  building  fund. — Lyle. 

A  special  tax  levy  to  pay  the  interest  upon  school  district  bonds,  should  be 
credited  to  the  bond  redemption  fund. — Lyle. 


140 


CODE  OF  PUBLIC  INSTRUCTION 


295.  Commissioners  to   levy  for  joint  districts 

In  case  of  a  joint  school  district,  the  county  commission- 
ers of  each  and  every  county  in  which  any  part  of  such  joint 
district  shall  lie,  shall  levy  a  tax  as  hereinbefore  provided  in  sec- 
tion 6  of  this  chapter,  and  the  treasurer  of  each  county  in 
which  the  school  house  or  school  house  site  is  not  situated  shall  at 
least  five  days  before  the  time  at  which  said  bonds  or  the  inter- 
est thereon  must  be  paid,  according  to  the  conditions  of  the  is- 
suance and  sale  thereof,  transmit  to  the  treasurer  of  the  county 
in  which  the  school  house  or  school  house  site  is  situated  (and  to 
which  the  joint  school  district  is  construed  to  belong),  all  moneys 
in  his  possession  derived  from  the  tax  provided  for  in  this 
chapter;  and  the  county  treasurer  receiving  such  money  shall 
receipt  in  duplicate  to  the  treasurer  or  treasurers  remitting  such 
funds  for  such  money;  and  he  shall  also  place  the  amount  or 
amounts  so  received  to  the  credit  of  the  special  bond  fund  or 
funds  of  the  joint  school  district  to  which  it  properly  belongs. 
(L.  '09,  p.  328,  §  8;  Rem.  &  Bal.,  §  4614.) 

296.  Duty  of  county  treasurer 

The  county  treasurer  must  pay  out  of  moneys  belonging  to 
the  credit  of  the  fund  of  the  school  district  created  by  section 
4613  [section  294  above],  the  interest  upon  any  bonds  issued 
under  this  chapter  by  such  school  district  when  the  same  be- 
comes due,  at  such  place  as  may  be  designated  in  the  coupons  at- 
tached to  said  bonds,  or  upon  the  presentation  at  his  office  of 
said  coupons,  which  must  show  the  amount  due  and  the  number 
and  series  of  the  bond  to  which  it  belongs,  and  all  coupons  so 
paid  must  be  immediately  reported  to  the  school  directors.  (L. 
Ml,  p.  392,  §  3.) 

297.  School   directors   must  have   bonds  printed  or  lithographed 

The  school  directors  of  any  district  must  cause  to  be  printed 
or  lithographed,  at  the  lowest  rates,  suitable  bonds,  with  coupons 
attached,  when  the  same  become  necessary,  and  pay  therefor 
out  of  the  moneys  in  the  county  treasury  to  the  credit  of  the 
school  district.     (L.  '09,  p.  329,  §  10 ;  Rem.  &  Bal.,  §  4616.) 


STATE  OP  WASHINGTON  141 

298.  School  districts  may  refund  bonds 

Whenever  any  school  district  in  this  state  shall  have  hereto- 
fore, under  any  of  the  acts  of  the  territorial  or  state  legislatures 
then  in  force,  lawfully  issued  any  bonds,  and  the  amount  of  said 
bonds  so  issued  and  negotiated  did  not,  at  the  time  of  their  issue, 
exceed  the  sum  of  five  per  centum  of  the  taxable  property  of  the 
said  school  district,  it  shall  be  lawful  for  the  said  school  district 
to  issue  and  exchange  its  bonds  at  a  rate  of  interest  not  greater 
than  that  borne  by  the  original  issue  of  bonds,  par  for  par,  with- 
out any  further  vote  of  the  school  district  than  that  theretofore 
had  or  required  by  existing  law  at  the  time  of  their  issue,  and 
said  bonds  shall  in  all  respects  conform  to  and  be  governed  by 
the  other  provisions  of  this  act.  (L.  '09,  p.  329,  §  11 ;  Rem.  & 
Bal.,  §  4617.) 

It  is  not  necessary  that  an  election  be  held  before  refunded  bonds  can  be  is- 
sued for  the  purpose  of  taking  up  bonds  issued  in  1892. — Lyle. 

299.  School  boards  may  exchange  bonds  for  matured  bonds 
Whenever  any  bonds  lawfully  issued  by  any  school  district 

under  the  provisions  of  this  act  shall  reach  maturity  and  shall 
remain  unpaid,  or  may  be  paid  under  any  option  provided  in  the 
bonds,  the  board  of  directors  thereof  shall  have  the  power  to 
fund  the  same  by  issuing  coupon  bonds  conformable  to  the  re- 
quirements of  this  act  and  exchange  the  same  par  for  par,  for 
the  outstanding  bonds  as  aforesaid,  without  any  further  vote  of 
the  school  district :  Provided,  That  such  bonds  shall  be  issued 
in  denominations  of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  shall  be  redeemable  within  twenty 
years  from  date  of  issue,  and  shall  draw  a  rate  of  interest  not  to 
exceed  six  per  centum  per  annum.  (L.  '09,  p.  329,  §  12 ;  Rem. 
&  Bal.,  §4618.) 

Bonds  shall  not  bear  a  higher  rate  of  interest  than  six  per  cent.,  and  a  dis- 
trict cannot  directly  or  indirectly  pay  more. — Stratton. 

A  valid  bond  indebtedness  may  be  refunded  by  issuing  new  bonds. — Lyle. 

It  is  not  necessary  to  hold  an  election  for  the  purpose  of  taking  up  bonds  of 
a  former  issue. — Lyle. 

300.  Holder  of  bonds  to  notify  county  treasurer 

Every  holder  of  any  of  the  bonds  so  issued  as  provided  in  this 
act,  shall  within  ten  (10)  days  after  he  shall  become  the  owner 


242  CODE  OF  PUBLIC  INSTRUCTION 

or  holder  thereof,  notify  the  county  treasurer  of  the  county  in 
which  such  bonds  are  issued  of  his  ownership,  together  with  his 
full  name  and  postoffice  address,  and  the  county  treasurer  of 
said  county  shall,  in  addition  to  the  published  notice  hereinafter 
provided  for,  deposit  in  the  postoffice,  properly  stamped  and  ad- 
dressed to  each  owner  or  holder  of  any  such  bonds  subject  to 
redemption  or  payment,  a  notice  in  like  form,  stating  the  time 
and  place  of  the  redemption  of  such  bonds  and  the  number  of  the 
bonds  to  be  redeemed,  and  in  case  any  owners  of  bonds  shall  fail 
to  notify  the  treasurer  of  their  ownership  as  aforesaid,  then  a 
notice  mailed  to  the  last  holder  of  such  bonds  shall  be  deemed 
sufficient,  and  any  and  all  such  notices  so  mailed  as  aforesaid 
shall  be  deemed  to  be  personal  notice  to  the  holders  of  such  bonds, 
and  at  the  expiration  of  the  time  therein  named  shall  have  the 
force  to  suspend  the  interest  upon  any  such  bonds.  (L.  '09,  p. 
330,  §  13;  Rem.  &  Bal.,  §  4619.) 

301.  County  treasurer  shall  be  paid  for  incidental  expenses 

At  any  time  after  the  issuance  of  such  bonds,  and  in  the  dis- 
charge of  the  duties  imposed  upon  said  county  treasurer,  should 
any  incidental  expense,  costs  or  charges  arise,  the  said  county 
treasurer  shall  present  his  claim  for  the  same  to  the  board  of  di- 
rectors of  the  school  district  issuing  such  bonds,  and  the  same 
shall  be  audited  and  paid  in  the  same  manner  as  other  services 
are  paid  under  the  provisions  of  law.  (L.  '09,  p.  330,  §  14; 
Rem.  &  Bal.,  §  4620.) 

302.  Redemption  of  bonds 

Whenever  the  amount  of  any  sinking  fund  created  under  the 
provisions  of  this  act  shall  equal  the  amount,  principal  and  in- 
terest, of  any  bond  then  due,  or  subject  under  the  pleasure  or 
option  of  said  school  district  to  be  paid  or  redeemed,  it  shall  be 
the  duty  of  the  county  treasurer  of  the  county  in  which  the 
school  district  issuing  such  bonds  is  located,  to  publish  a  notice 
in  the  official  newspaper  of  the  county,  if  such  a  one  there  be, 
and  if  not,  then  in  a  newspaper  of  general  circulation,  that  the 
said  county  treasurer  will  within  thirty  (30)  days  from  the  date 
of  such  notice,  redeem  and  pay  any  such  bond  then  redeemable  or 


STATE  OF  WASHINGTON  14g 

payable,  giving  priority  according  to  the  date  of  issue  numer- 
ically, and  upon  the  presentation  of  any  such  bond  or  bonds 
the  said  treasurer  shall  pay  the  same;  and  in  case  that  any 
holder  of  such  bond  or  bonds  shall  fail  or  neglect  to  present  the 
same  at  the  time  mentioned  in  said  notice,  or  in  the  notice  here- 
inbefore provided  for,  then  the  interest  upon  such  bond  or  bonds 
shall  cease  and  determine,  and  the  treasurer  of  such  county  shall 
thereafter  pay  only  the  amount  of  such  bond  and  the  interest  ac- 
crued thereon  up  to  the  day  mentioned'  in  said  notice.  When  any 
bonds  are  so  redeemed  or  paid,  the  county  treasurer  shall  cause 
the  same  to  be  fully  cancelled,  and  write  across  the  face  of  such 
bonds  the  words  "redeemed,"  with  the  date  of  redemption,  and 
shall  file  the  same  with  the  county  auditor  as  vouchers  for  the 
sum  so  paid.  When  bonds  are  held  by  the  State  of  Washington 
advertising  as  contemplated  and  prescribed  in  this  section  shall 
be  deemed  unnecessary.     (L.  '11,  p.  393,  §  4.) 

CHAPTER  11— VALIDATION  OP  INDEBTEDNESS  AND  ISSUE  OF 
BONDS  THEREFOR 

303.     Electors  may  validate  indebtedness 

Any  school  district  may  validate  and  ratify  the  indebtedness 
of  such  school  district,  incurred  for  strictly  school  purposes, 
when  the  same  together  with  all  then  outstanding  legal  indebted- 
ness does  not  exceed  five  per  centum  of  the  value  of  the  taxable 
property  in  such  school  district.  The  value  of  taxable  property 
in  such  school  district  shall  be  ascertained  as  provided  in  article 
eight,  section  six  of  the  constitution  of  the  State  of  Washington. 
(L.  '09,  p.  331,  §  1 ;  Rem.  &  Bal.,  §  4622.) 

Ballinger's  Code,  §§  2398,  2405  (superseded  by  this  chapter),  prescribing  the 
method  of  conducting  special  school  elections  for  the  validation  of  illegal  in- 
debtedness, is  a  special  act  and  it  has  no  reference  to  an  election  to  authorize 
the  issuance  of  bonds  for  the  purpose  of  erecting  a  high  school  building :  Nichols 
v.   School  District,   39  Wash.   137. 

In  a  proceeding  for  an  Injunction  to  restrain  the  issuance  of  school  district 
warrants  authorized  at  a  special  election  for  the  purpose  of  erecting  a  high 
school  building,  the  final  return  of  the  canvassing  board  declaring  the  result, 
after  canvassing  the  votes,  regularly  made,  and  not  impeached  for  fraud,  nor 
attacked  in  any  proceeding  to  obtain  a  review  thereof,  is  final  and  conclusive 
on  the  courts  as  to  the  number  of  votes  cast :     Id. 


144  CODE  OF  PUBLIC  INSTRUCTION 


304.  Resolution  of  board — Three-fifths  vote 

Whenever  the  board  of  directors  of  any  school  district  shall 
deem  it  advisable  to  validate  and  ratify  the  indebtedness  men- 
tioned in  section  1  of  this  chapter,  they  shall  provide  therefor  by 
resolution,  which  shall  be  entered  on  the  records  of  such  school 
district,  which  resolution  shall  provide  for  the  holding  of  an 
election  for  the  purpose  of  submitting  the  question  of  validating 
and  ratifying  the  indebtedness  so  incurred  to  the  voters  of  such 
school  district  for  approval  or  disapproval,  and  if  at  such  elec- 
tion three-fifths  of  the  voters  in  such  school  district  voting  at 
such  election  shall  vote  in  favor  of  the  validation  and  ratification 
of  such  indebtedness,  then  such  indebtedness  so  validated  and 
ratified  and  every  part  thereof  existing  at  the  time  of  the 
adoption  of  said  resolution  shall  thereby  become  and  is  hereby 
declared  to  be  validated  and  ratified  and  a  binding  obligation 
upon  such  school  district,  when  the  only  grounds  of  the  prev- 
ious invalidity  of  such  indebtedness  so  ratified  and  validated  is 
that  at  the  time  of  the  attempted  incurring  thereof,  the  same, 
together  with  all  other  then  existing  indebtedness  of  such  school 
district,  exceeded  one  and  one-half  per  centum  of  the  taxable 
property  in  such  school  district,  as  provided  in  article  eight,  sec- 
tion six  of  the  constitution  of  the  State  of  Washington,  and  that 
such  indebtedness  was  so  attempted  to  be  incurred  without  the 
assent  of  three-fifths  of  the  voters  of  such  school  district  voting 
at  an  election  held  for  that  purpose,  as  required  by  said  constitu- 
tion.    (L.  '09,  p.  331,  §  2 ;  Rem.  &  Bal.,  §  4623.) 

305.  Posting  and  publishing  notices 

At  the  time  of  the  adoption  of  the  resolution  provided  for  in 
section  %  of  this  chapter,  the  board  of  directors  shall  direct  the 
clerk  or  secretary  of  the  board  to  give  public  notice  of  the  time, 
place  or  places,  and  purpose  of  such  election,  and  specifying 
the  amount  and  general  character  of  the  indebtedness  proposed 
to  be  ratified.  Such  clerk  or  secretary  shall  thereupon  cause 
written  or  printed  notices  to  be  posted  in  at  least  five  places  in 
such  school  district,  at  least  twenty  days  before  such  election. 


STATE  OF  WASHINGTON 


145 


Said  notice  shall  also  be  published  for  the  same  length  of  time  in 
a  daily  newspaper,  printed  and  published  in  such  district,  and 
if  there  be  no  such  daily  newspaper,  then  in  a  weekly  newspaper, 
published  in  this  state  and  of  general  circulation  in  the  county 
where  such  school  district  is  situated,  in  two  regular  issues  of 
such  weekly  newspaper  next  preceding  the  day  of  such  election. 
Said  notices  shall  contain  a  copy  of  the  resolution  mentioned  in 
section  2  of  this  chapter,  the  time  of  holding  such  election  and  lo- 
cation of  polling  place  or  places,  a  statement  of  the  object  of 
the  election,  and  the  form  of  the  ballot  adopted  by  the  board  to 
determine  the  question  submitted  to  the  voters.  (L.  '09,  p.  332, 
§3;  Rem.  &  Bal.,  §4624.) 

306.     The  election 

Elections  hereunder  shall  be  by  ballot,  and  conducted  in  the 
manner  provided  for  conducting  annual  school  elections.  The 
ballot  must  contain  the  words,  "Validating  and  ratifying  in- 
debtedness, yes,"  or  the  words,  "Validating  and  ratifying  in- 
debtedness, no."  Ballots  containing  the  words,  "Validating 
and  ratifying  indebtedness,  yes,"  shall  be  counted  in  favor  of 
validating  and  ratifying  such  indebtedness,  and  ballots  contain- 
ing the  words,  "Validating  and  ratifying  indebtedness,  no," 
shall  be  counted  against  validating  and  ratifying  such  indebted- 
ness. As  soon  as  the  polls  are  closed  at  such  election,  the  judge 
at  each  polling  place  shall  count  the  votes,  ascertain  the  result 
and  certify  the  same  and  make  return  thereof,  within  two  days 
after  such  election,  to  the  board  of  directors  of  such  district,  by 
depositing  the  same,  together  with  the  ballots  cast  at  such  elec- 
tion, with  the  clerk  or  secretary  of  such  board,  and  within  five 
days  after  such  election,  or  as  soon  as  all  the  returns  of  such 
election  are  deposited  as  herein  provided,  the  board  of  directors 
of  such  district  shall  meet  and  canvass  and  declare  the  result, 
and  shall  cause  to  be  entered  a  minute  thereof  on  the  records  of 
such  district.  The  qualifications  of  voters  at  such  election  shall 
be  the  same  as  prescribed  for  the  election  of  school  officers.  (L. 
'09,  p.  332,  §  4;  Rem.  &  Bal.  §  4625.) 


146  CODE  OF  PUBLIC  INSTRUCTION 

307.  Board  of  directors  may  issue  bonds 

If  the  indebtedness  of  such  school  district  is  validated  and 
ratified,  as  provided  in  this  chapter,  by  three-fifths  of  the  voters 
voting  at  such  election,  the  board  of  directors  of  such  school 
district,  without  any  further  vote,  may  borrow  money  and  is- 
sue negotiable  coupon  bonds  therefor.  Bonds  so  issued  shall 
bear  a  rate  of  interest  not  to  exceed  six  per  cent,  per  annum,  in- 
terest payable  semi-annually,  payable  and  redeemable  at  such 
time  and  place  as  designated  in  the  bonds,  but  not  exceeding 
twenty  years  from  date  of  issue.  The  bonds  and  coupons  shall 
be  in  such  form  as  the  board  of  directors  shall  prescribe,  and 
payable  at  such  place  as  may  be  designated  therein.  In  all 
school  districts  of  the  second  or  third  class,  said  bonds,  with  the 
coupons,  must  be  signed  by  the  board  of  directors  and  counter- 
signed by  the  clerk  of  the  school  district.  In  school  districts  of 
the  first-class  said  bonds,  with  the  coupons,  must  be  signed  in 
the  corporate  name  of  the  district,  by  the  president  of  the  board 
of  directors  thereof,  and  attested  by  the  secretary  of  the  board, 
except  that  the  said  coupons  may  bear  the  lithograph  signa- 
tures of  the  said  president  and  secretary.  The  seal  of  such  dis- 
trict, if  such  district  has  a  seal,  shall  be  affixed  to  each  bond  by 
the  secretary  thereof.  The  moneys  arising  from  the  sale  of 
coupon  bonds  issued  under  this  chapter  shall  be  placed  by  the 
tieasurer  of  the  county  in  a  special  fund  to  the  credit  of  such 
school  district  existing  at  the  time  of  the  adoption  of  the  reso- 
lution mentioned  in  section  %  of  this  chapter,  not  evidenced  by 
negotiable  bonds.     (L.  '09,  p.  333,  §  5. ;  Rem.  &  Bal.  §  4626.) 

308.  Board  shall  deliver  resolution  to  county  treasurer 

When  authorized  to  issue  bonds,  as  provided  in  this  chapter, 
the  board  of  directors  shall,  at  a  meeting  of  such  board,  by  reso- 
lution provide  for  the  issuing  of  such  bonds,  prescribing  their 
number,  amount  and  term,  and  shall  deliver  a  copy  of  said  reso- 
lution to  the  county  treasurer  of  the  county  in  which  such  school 
district  is  situated  or  to  which  it  belongs  as  provided  in  this 
act,  who  shall  immediately  advertise  for  sale  said  bonds,  and  the 
law  relating  to  other  school  bonds   shall  govern,   control  and 


STATE  OF  WASHINGTON  I47 

apply  to  bonds  issued  or  sold  under  this  chapter,  except  that 
bonds  issued  under  this  chapter  shall  not  bear  a  greater  rate  of 
interest  than  six  per  cent,  per  annum,  and  they  may  be  sold  in 
such  amounts  or  blocks  as  the  board  of  directors  may  direct, 
and  such  board  may  also  require  all  persons  bidding  for  said 
bonds,  except  the  State  of  Washington,  to  deposit  one  per  cent, 
of  the  par  value  of  the  bonds  bid  for  on  depositing  with  the 
treasurer  their  bids,  and  if  the  bidder  fails  to  take  and  pay  for 
the  bonds  for  which  he  bid,  in  case  of  their  sale  to  him,  the 
amount  so  deposited  shall  be  forfeited  to  the  school  district, 
otherwise  to  be  returned  to  such  bidder,  and  a  re-sale  of  such 
bonds  so  refused  to  be  taken  may  be  made  as  if  the  bid  for  the 
same  had  been  rejected,  and  the  money  arising  from  the  sale  of 
the  bonds  issued  under  this  chapter  shall  be  applied  as  pro- 
vided in  section  5  of  this  chapter.  (L.  '09,  p.  334,  §  6 ;  Rem. 
&  Bal.,  §  4627.) 

309.  Boards  may  exchange  bonds  for  warrants 

If  bonds  issued  under  this  chapter  are  not  sold  as  herein  pro- 
vided, the  holders  of  unpaid  warrants  drawn  on  the  county 
treasurer  by  such  district  for  an  indebtedness  existing  at  the 
time  of  the  adoption  of  the  resolution  mentioned  in  section  %  of 
this  chapter,  may  exchange  said  warrants  at  the  face  value 
thereof  and  accrued  interest  thereon  for  coupon  bonds  issued 
under  this  chapter,  at  not  less  than  par  value  and  accrued  in- 
terest of  such  bonds  at  the  time  of  the  exchange ;  such  exchange 
to  be  made  under  such  regulations  as  may  be  provided  by  the 
board  of  directors  of  such  district.  (L.  '09,  p.  334,  §  7 ;  Rem. 
&  Bal.,  §  4628.) 

310.  If  bonds  are  not  issued,  special  levy  may  be  made 

When  the  board  of  directors  shall  have  canvassed  and  de- 
clared the  result  of  the  election  as  prescribed  in  section  4  of 
this  chapter,  it  shall,  if  the  same  shall  have  been  in  favor  of 
validating  and  ratifying  the  indebtedness,  immediately  cause  to 
be  sent  to  the  county  treasurer  of  the  county  in  which  such  dis- 
trict is  situated,  notice  of  the  result  of  said  election.  The  an- 
nual expense  of  such  district  shall  not  thereafter  exceed  the  an- 


14,8  CODE  OP  PUBLIC  INSTRUCTION 

nual  revenue  thereof,  and  any  officer  of  such  district  who  shall 
knowingly  aid  in  increasing  the  annual  expenditure  in  excess  of 
the  annual  revenue  of  such  district  shall  be  deemed  to  be  guilty 
of  misdemeanor,  and  shall  be  punished  by  a  fine  not  exceeding 
five  hundred  dollars.  If  the  indebtedness  of  such  school  district, 
excluding  the  bonded  indebtedness  existing  before  the  adoption 
of  said  resolution,  is  not  extinguished  by  the  exchange  of  war- 
rants for  bonds,  or  by  the  proceeds  of  the  sale  of  bonds,  as 
herein  provided,  then  it  shall  be  the  duty  of  the  board  of  di- 
rectors, thirty  days  before  the  regular  annual  tax  levy,  to  certi- 
fy the  amount  of  such  indebtedness  remaining  unpaid  to  the 
board  of  county  commissioners  of  the  county  in  which  such  school 
district  is  situated,  and  said  board  of  county  commissioners,  at 
the  time  of  making  the  regular  annual  tax  levy,  shall  annually 
levy  a  special  tax  on  the  taxable  property  of  the  district  not  to 
exceed  three  mills  on  the  dollar  on  the  valuation  of  such  taxable 
property,  which  shall  be  collected  as  other  taxes  are  collected, 
and  the  proceeds  of  such  tax  shall  be  a  special  fund  for  the  pay- 
ment of  the  indebtedness  of  such  district,  not  included  in  bonds, 
existing  at  the  time  of  the  adoption  of  the  resolution  mentioned 
in  section  2  of  this  chapter.  (L.  '09,  p.  335,  §  8 ;  Rem.  &  Bal. 
§  4629.) 

In  case  any  school  district  has  heretofore  incurred,  or  shall 
hereafter  incur,  indebtedness  for  strictly  school  purposes  in  ex- 
cess of  one  and  one-half  per  cent.,  and  less  than  five  per  cent,  of 
the  assessed  valuation  of  property  in  such  district,  and  has  here- 
tofore, or  shall  hereafter,  become  merged  in  a  district  of  the 
first  class,  the  directors  and  clerk  of  the  last  named  district  may, 
after  such  merger,  cause  to  be  submitted  to  the  voters  within 
the  limits  of  the  district  which  incurred  the  obligations,  the 
question  of  validating  and  ratifying  such  indebtedness.  The 
vote  shall  be  taken  and  the  question  determined  in  the  manner 
prescribed  in  sections  4623,  4624  and  4625  (§§  304,  305,  306, 
Code  Pub.  Ins.).  The  directors  of  the  district  of  the  first  class 
shall  make  provision  for  payment  of  the  indebtedness  so  vali- 
dated by  certifying  the  amount  thereof  to  the  county  commis- 


STATE  OP  WASHINGTON  149 

sioners  for  a  special  levy,  in  the  manner  prescribed  in  section 
4629 :  Provided,  Such  district  of  the  first  class  may  pay  a  part, 
or  all,  of  such  validating  indebtedness  from  any  funds  available 
or  by  issuing  bonds  therefor,  under  the  following  conditions: 
When  such  district  of  the  first  class  has  taken  over  property  of 
any  district  without  an  adjustment  and  apportionment  of  prop- 
erty and  of  indebtedness,  as  provided  in  sections  4437  and 
4438,  (§§  118,  119,  Code  Pub.  Ins.),  the  directors  of  the  en- 
larged district  shall  make  such  adjustment  and  apportionment, 
as  of  the  time  of  merger,  and  may  pay  such  validated  indebted- 
ness to  the  extent  that  the  value  of  the  property  received  shall 
be  found  to  exceed  the  total  indebtedness  of  the  district  an- 
nexed.    (L.  '13,  p.  416,  §  1.) 

See,  supra,  §  170,  Code  Pub.  Ins.,  indebtedness  not  to  exceed  income. 

Laws  of  1879,  page  411,  §  135,  providing  that  illegal  school  warrants  which 
have  been  validated  by  a  vote  of  the  school  district  should  be  paid,  in  case 
they  had  not  been  taken  up  by  the  issuance  of  funding  bonds,  only  by  a  special 
tax  levied  for  the  purpose  from  year  to  year,  and  that  the  current  revenues 
arising  from  the  general  school  tax  and  fines  should  be  applied  exclusively  to 
current  expenses,  is  in  no  sense  void  as  impairing  the  obligation  of  contracts : 
State  ex  rel.  Dunn  v.  Dorsey,  19  Wash.  120. 

A  complaint  in  an  action  to  recover  on  school  warrants  does  not  state  a  cause 
of  action  when  it  appears  therefrom  that  the  invalidity  of  the  warrants  had 
been  determined  in  a  suit  to  which  the  present  plaintiff  was  a  party  defend- 
ant, even  though  the  judgment  was  upon  the  unintentional  default  of  the  de- 
fendant in  the  prior  action :  Seattle  National  Bank  v.  School  District,  20  Wash. 
368. 

CHAPTER  12— CERTIFICATION  OP  TEACHERS 
Article  I — General  Provisions 
311.     Certificates  not  invalidated 

Nothing  in  this  act  shall  be  construed  to  invalidate  the  life 
diplomas  granted  under  the  laws  of  the  Territory  of  Washing- 
ton, or  to  invalidate  any  certificate  or  diploma  heretofore  granted 
in  accordance  with  the  laws  of  the  State  of  Washington,  but  the 
same  shall  continue  in  effect  in  accordance  with  the  provisions 
of  the  laws  under  which  they  were  granted:  Provided,  That 
any  third  grade  certificate,  second  grade  certificate,  first  grade 
primary  certificate,  or  first  grade  certificate,  or  any  renewal, 
or  any  permanent  certificate,  in  full  force  and  effect  at  the  time 
of  the  taking  effect  of  this  act  shall,  for  the  purpose  of  renewal, 
or  for  securing  a  certificate  of  higher  grade,  or  for  securing  a 


150  CODE  OF  PUBLIC  INSTRUCTION 

permanent  certificate,  or  for  any  other  purpose  whatsoever,  be 
of  the  same  force  and  effect,  and  shall  entitle  the  holder  thereof 
to  the  same  rights  and  privileges  as  he  would  be  entitled  to  were 
he  the  holder  of  a  certificate  of  like  designation  authorized  by 
this  act.     (L.  '09,  p.  336,  §  1 ;  Rem.  &  Bal.,  §  4630.) 

The  certification  of  qualification  of  teachers  of  "higher  and  special  institu- 
tions" not  being  required  under  that  portion  of  Laws  of  1897,  title  IV,  page 
427,  devoted  to  such  institutions,  but  it  being  the  evident  intent  of  the  law 
that  such  certification  shall  apply  only  to  teachers  under  the  common-school 
system,  one  would  not  be  incapable  of  entering  into  a  contract  to  teach  in  one 
of  the  normal  schools  of  the  state  by  reason  of  not  holding  a  teacher's  certifi- 
cate :     MacKenzie  v.  State,  32  Wash.  657. 

312.  Certificates  to  be  issued  by  Superintendent  of  Public  Instruction 
All  certificates  and  diplomas,  except  temporary  certificates, 

and  special  certificates,  shall  be  issued  or  countersigned  by  the 
Superintendent  of  Public  Instruction.  (L.  '09,  p.  336,  §  2 ; 
Rem.  &  Bal.,  §  4631.) 

313.  The  fee  for  any  certificate  to  be  one  dollar 

The  fee  for  any  teacher's  certificate  or  any  renewal  thereof, 
or  any  life  diploma,  or  other  instrument  issued  by  authority 
of  the  State  of  Washington,  and  authorizing  the  holder  to  teach 
in  the  public  schools  of  the  state  shall  be  one  dollar.  The  fee 
must  accompany  the  application  and  cannot  be  refunded  unless 
the  application  is  withdrawn  before  it  is  finally  considered.  The 
county  superintendent,  or  other  officer  authorized  to  receive  such 
fee,  shall  within  thirty  days  transmit  the  same  to  the  treasurer 
of  the  county  wherein  such  applicant  is  to  teach  or  resides,  to  be 
by  him  placed  to  the  credit  of  the  institute  fund  of  said  city  or 
county :  Provided,  That  if  any  city  collecting  fees  for  the  certi- 
fication of  teachers  does  not  hold  an  institute  separate  from  the 
county,  then  all  such  moneys  shall  be  placed  to  the  credit  of  the 
county  institute  fund.  (L.  '09,  p.  336,  §  3;  Rem.  &  Bal., 
§4632.) 

314.  Applicants  must  be  at  least  eighteen  years  of  age 

No  person  who  is  less  than  eighteen  years  of  age  shall  receive 
a  certificate  to  teach  in  the  State  of  Washington  nor  take  the 
examination  for  the  same;  nor  shall  any  person  less  than  nine- 
teen years  of  age  receive  any  certificate  other  than  a  temporary, 


STATE  OF  WASHINGTON  151 

a  third  grade,  or  a  second  grade.     (L.  '09,  p.  337,  §  4 ;  Rem.  & 
Bal.,  §  4633.) 

315.  Good  moral  character  and  personal  fitness 

Before  registering  any  certificate,  the  county  superintendent 
of  the  county  in  which  application  was  made  for  certificate  shall 
satisfy  himself  that  the  applicant  is  a  person  of  good  moral 
character  and  personal  fitness.  In  the  event  of  a  refusal  to 
register  a  certificate,  the  county  superintendent  shall  immedi- 
ately notify  the  Superintendent  of  Public  Instruction  of  his  ac- 
tion and  shall  fully  and  clearly  state  his  reasons  therefor,  and 
the  person  aggrieved  shall  have  the  right  of  appeal  to  the 
Superintendent  of  Public  Instruction,  and  shall  have  the  further 
right  of  appeal  to  the  State  Board  of  Education.  (L.  '11,  p. 
50,  §1.) 

316.  Credits  of  ninety  per  cent,  or  over 

Any  person  who  receives  credits  of  ninety  per  cent,  or  over 
in  any  subject  or  subjects  at  any  regular  teachers'  examination 
in  this  state  shall  not  be  required  to  take  an  examination  again 
in  such  subject  or  subjects  in  order  to  receive  any  certificate  for 
which  the  applicant  may  be  eligible  to  apply,  so  long  as  he  is 
actively  engaged  in  educational  work.  The  holder  of  any  com- 
mon school  certificate  shall  be  entitled  to  write  on  one  or  more 
subjects  at  any  examination  for  the  purpose  of  securing  cred- 
its ;  and  when  sufficient  credits  have  been  earned  the  proper  cer- 
tificate shall  be  issued.  (L.  '09,  p.  337,  §  6 ;  Rem.  &  Bal., 
§  4635.) 

Teachers  holding  an  elementary  normal  school  certificate  are  not  entitled  to 
omit  from  examination  those  subjects  in  which  they  pass  a  grade  of  ninety 
per  cent,  or  over,  If  they  failed  to  secure  a  certificate  to  teach,  even  though  they 
are  engaged  in  educational  work  under  their  elementary  certificate. — Lyle. 

317.  Evidence  of  successful  experience 

Whenever  evidence  of  successful  experience  is  a  prerequisite 
to  the  issuance  or  renewal  of  a  certificate,  it  shall  be  deemed 
sufficient  for  the  applicant  to  file  evidence,  satisfactory  to  the 
officer  authorized  to  issue  or  renew  the  certificate,  of  having 
taught  the  required  number  of  months  and  of  being  a  successful 
teacher.      The   aforesaid    documentary   evidence    of    successful 


15g  CODE  OF  PUBLIC  INSTRUCTION 

teaching  shall  be  kept  on  file  in  the  office  of  the  Superintendent 
of  Public  Instruction.     (L.  '11,  p.  51,  §  2.) 

318.  Optional  subjects 

The  State  Board  of  Education  shall  prepare  a  list  of  optional 
subjects  for  each  grade  above  the  second,  from  which  the  ap- 
plicants for  certificates  above  the  second  grade  may  select  as 
provided  for  in  article  IV  of  this  chapter.  (L.  '09,  p.  337,  §  8 ; 
Rem.  &  Bal.,  §  4637.) 

319.  Credits  of  ninety  per  cent,  or  over  obtained  in  other  states 

Credits  of  ninety  per  cent,  or  over  on  a  valid  certificate  ob- 
tained by  examination  in  any  other  state  in  which  the  examina- 
tion questions  are  prepared  and  answer  papers  graded  by  the 
state  department  of  education  may  be  accepted  subject  for  sub- 
ject in  accordance  with  the  rules  and  regulations  prescribed  by 
the  State  Board  of  Education.     (L.  '11,  p.  51,  §  3.) 

320.  Certificate  must  contain  subjects 

Every  certificate  issued  by  authority  of  the  State  of  Wash- 
ington shall  have  written  or  printed  upon  its  face  the  subjects 
in  which  the  holder  has  been  examined,  with  standings  in  each, 
or  the  subjects  or  work  upon  which  credits  are  given.  (L.  '09, 
p.  338,  §  10;  Rem.  &  Bal.,  §  4639.) 

321.  Certificates  entitle  holder  to  teach  in  any  county  when  registered 
All  certificates  issued  by  the  Superintendent  of  Public  In- 
struction shall  be  valid  and  entitle  the  holder  thereof  to  teach 
in  any  county  of  the  state  upon  being  registered  by  the  county 
superintendent  thereof,  which  fact  shall  be  evidenced  by  him  on 

the  certificate  in  the  words,  "Registered  for  use  in 

county,"  together  with  the  date  of  registry,  and  his  official 
signature :  Provided,  That  a  copy  of  the  original  certificate  or 
diploma  duly  certified  by  the  Superintendent  of  Public  In- 
struction may  be  used  for  the  purpose  of  registry  and  endorse- 
ment in  lieu  of  the  original.  (L.  '09,  p.  338,  §  11 ;  Rem.  &  Bal., 
§  4640.) 


STATE  OF  WASHINGTON  I53 

Aeticle  II — Examinations 

322.  Examination — Where  and  when  held 

An  examination  for  the  certification  of  teachers  of  the  State 
of  Washington  for  third,  second,  first  grade  primary  and  first 
grade  certificates  shall  be  held  at  the  county  seat  of  each  county 
by  the  county  superintendent  in  accordance  with  the  rules  and 
regulations  of  the  State  Board  of  Education,  on  the  second 
Thursday  of  May  and  December  and  the  Friday  and  Saturday 
next  following  and  on  the  last  Thursday  of  August  and  the 
Friday  and  Saturday  next  following;  and  for  professional  and 
life  certificates  on  the  above  named  days  of  May  and  August 
only:  Provided,  That  any  person  taking  any  examination  shall 
be  authorized  to  teach  until  notified  of  the  result  of  such  ex- 
amination.    (L.  '09,  p.  338,  §  1 ;  Rem.  &  Bal.,  §  4641.) 

323.  County  superintendents  shall  transmit  manuscripts 

The  county  superintendent  shall  within  three  days  following 
the  close  of  the  examinations  provided  for  in  section  1  of  this 
article,  transmit  to  the  State  Superintendent  of  Public  Instruc- 
tion all  papers  written  at  such  examination,  together  with  such 
other  reports  as  shall  by  him  be  required.  The  Superintendent 
of  Public  Instruction  shall  keep  all  manuscripts  on  file  for  a 
period  of  at  least  sixty  (60)  days.  (L.  '09,  p.  338,  §  2 ;  Rem.-& 
Bal.,  §  4642.) 

Article  III — Classification  of  Common  School  Certificates  and 

Diplomas 

324.  Classification  of  certificates 

The  certificates  and  diplomas  granted  by  authority  of  the 
State  of  Washington,  and  authorizing  the  holders  to  teach  in 
the  public  schools  of  this  state  shall  be  classified  as  follows : 

First — Common  School  Certificates  and  Diplomas. 

(a)  Third  Grade  Certificates ; 

(b)  Second  Grade  Certificates; 

(c)  First  Grade  Primary  Certificates; 

(d)  First  Grade  Certificates  ; 

(e)  Professional  Certificates ; 


154 


CODE  OF  PUBLIC  INSTRUCTION 


(f)  Permanent  Certificates; 

1.  Permanent  First  Grade  Primary  Certificates ; 

2.  Permanent  First  Grade  Certificates ; 

3.  Permanent  Professional  Certificates ; 

(g)  Life  Certificates. 
Second — City  Certificates. 

(a)  City  High  School  Certificates  ; 

(b)  City  Grammar  School  Certificates; 

(c)  City  Primary  Certificates. 

Third — Certificates  and  diplomas  of  the  Higher  Institutions 
of  Learning. 

(a)  Of  the  Normal  Schools ; 

(b)  Of  the  State  College  of  Washington; 

(c)  Of  the  University  of  Washington. 
Fourth — Temporary  Certificates. 

Fifth— Special  Certificates.  (L.  '09,  p.  339,  §  1  (art.  3)  ; 
Rem.  &Bal.,  §4643.) 

Article  IV — Common  School  Certificates  and  Diplomas 
325.     Requirements  for  certificates 

The  common  school  certificates  and  diplomas  issued  by  author- 
ity of  the  State  of  Washington,  the  period  for  which  each  shall 
be-  valid  and  the  qualifications  required  of  applicants  for  the 
same  shall  be  as  follows : 

First.  Third  Grade  Common  School  Certificates :  Applicant 
shall  pass  an  examination  in  reading,  grammar,  penmanship 
and  punctuation,  history  of  the  United  States,  geography,  arith- 
metic, physiology  and  hygiene,  theory  and  art  of  teaching,  or- 
thography, and  Washington  State  Manual.  This  certificate 
shall  be  valid  for  one  year :  Provided,  That  the  holder  of  a  third 
grade  certificate  who  shall,  after  the  granting  of  the  same,  at- 
tend any  accredited  institution  of  higher  education  in  this 
state  for  one  year,  shall  upon  application  be  granted  a  second 
grade  certificate. 

Second.  Second  Grade  Common  School  Certificates :  Ap- 
plicant shall  have  credits  in  the  same  subjects  as  for  a  third 
grade  common  school  certificate  and  shall  take  an  examination 


STATE  OP  WASHINGTON  155 

in  music.  This  certificate  shall  be  valid  for  two  years,  but  may- 
be renewed,  if,  during  the  life  of  the  certificate,  the  holder  has 
complied  with  any  one  of  the  following  conditions,  to-wit:  1. 
An  attendance  of  one  semester  at  an  accredited  school  of  higher 
education,  or  of  six  weeks  at  an  accredited  summer  school  when 
satisfactory  work  was  done  in  three  subjects  and  certified  to  by 
the  principal  of  such  school.  2.  Upon  sixteen  months  of  suc- 
cessful teaching. 

Third.  First  Grade  Primary  Certificates:  Applicant  must 
have  taught  at  least  forty-five  months  in  the  primary  grades, 
and  shall  have  credits  in  the  same  subjects  as  for  a  second  grade 
certificate,  and  must  also  pass  an  examination  in  nature  study, 
drawing,  literature,  and  physical  geography;  but  the  State 
Board  of  Education  may  accept  other  subjects  in  lieu  of  two 
of  the  above  subjects  at  the  request  of  the  applicant,  as  pro- 
vided in  section  8  of  article  1  of  this  chapter.  This  certificate 
shall  authorize  the  holder  to  teach  in  the  primary  grades  only 
and  shall  be  valid  for  five  (5)  years,  and  may  be  renewed  for 
a  like  period  if  application  is  made  not  later  than  ninety  (90) 
days  after  certificate  expires,  and  if,  during  the  life  of  the  cer- 
tificate the  holder  has  complied  with  any  one  of  the  following 
conditions,  to-wit:  1.  An  attendance  of  one  year  at  an  accred- 
ited institution  of  higher  learning  during  the  life  of  the  certi- 
ficate when  satisfactory  work  was  done  in  three  subjects  and 
certified  to  by  the  principal  or  president  of  such  school ;  £.  Suc- 
cessful teaching  for  not  less  than  twenty-four  (24)  months  dur- 
ing the  life  of  the  certificate.  Any  renewal  may  be  renewed  in 
like  manner. 

Fourth.  First  Grade  Certificates :  Applicant  must  have 
taught  at  least  nine  (9)  months  and  shall  have  credits  in  the 
same  subjects  as  for  a  second  grade  certificate,  and  also  in 
physics,  English  literature,  algebra  and  physical  geography. 
The  State  Board  of  Education  may  accept  other  subjects  in 
lieu  of  two  of  these  upon  request  of  the  applicant,  as  hereinbe- 
fore provided.  Applicant  must  secure  the  same  number  of  cred- 
its as  for  a  first  grade  primary  certificate.    This  certificate  shall 


156  CODE  OF  PUBLIC  INSTRUCTION 

be  valid  for  five  (5)  years  and  may  be  renewed  in  the  same 
manner  and  under  the  same  conditions  as  a  first  grade  primary 
certificate. 

Fifth.  Professional  Certificates:  Applicant  shall  meet  all 
the  requirements  for  a  first  grade  certificate,  but  must  have 
taught  successfully  twenty-four  (24)  months,  at  least  eight  (8) 
months  of  which  must  have  been  in  the  State  of  Washington. 
He  shall  also  pass  an  examination  in  plane  geometry,  geology, 
botany,  zoology,  and  civil  government:  Provided,  That  the 
State  Board  of  Education  may  accept  other  subjects  in  lieu  of 
any  or  all  of  these  upon  the  request  of  the  applicant,  as  herein- 
before provided.  This  certificate  shall  be  valid  for  five  (5) 
years  and  may  be  renewed  in  the  same  manner  and  under  the 
same  conditions  as  a  first  grade  certificate. 

Sixth.  Permanent  Certificates :  Applicant  must  be  the  hold- 
er of  a  first  grade  primary  certificate,  a  first  grade  certificate, 
or  a  professional  certificate,  or  a  renewal  of  any  one  of  them, 
in  full  force  and  effect,  and  must  have  taught  successfully  not 
less  than  seventy-two  (72)  months,  nor  less  than  thirty-six 
(36)  months  in  the  State  of  Washington,  nor  less  than 
eighteen  (18)  months  subsequent  to  the  granting  of  the  cer- 
tificate upon  which  the  application  is  made.  Upon  filing  sat- 
isfactory evidence  of  having  met  these  requirements,  together 
with  the  written  endorsement  of  the  county  superintendent, 
a  permanent  certificate  shall  be  issued  of  the  same  grade  as 
that  held  by  the  applicant,  valid  during  the  life  of  the  holder 
unless  revoked  for  cause. 

Seventh.  Life  Certificates :  Applicant  must  file  with  the  Su- 
perintendent of  Public  Instruction  evidence  of  having  taught 
successfully  for  forty-five  (45)  months,  not  less  than  twenty- 
seven  (27)  months  of  which  shall  have  been  in  this  state.  He 
must  have  the  credits  required  for  professional  certificates  and 
in  addition  shall  pass  an  examination  in  the  following,  to- wit: 
psychology,  history  of  education,  bookkeeping,  composition, 
general  history :  Provided,  That  the  State  Board  of  Education 
may  accept  other  subjects  in  lieu  thereof  upon  request  of  the 


STATE  OF  WASHINGTON  157 

applicant.     This  certificate  shall  be  valid  during  the  life  of  the 
holder  unless  revoked  for  cause.     (L.  '11,  p.  51,  §  4.) 

Article  V — City  Certificates 
326.     Board  of  examiners — Powers  and  duties 

In  any  city  of  this  state  in  which  one  hundred  or  more 
teachers  are  employed  in  the  city  schools,  if  the  board  of  di- 
rectors in  such  city  shall  so  determine,  there  shall  be  a  board  of 
examiners,  consisting  of  the  city  superintendent  of  schools  and 
two  other  members  having  practical  experience  as  teachers,  resi- 
dents of  said  city,  to  be  designated  as  associate  examiners.  The 
associate  examiners  shall  be  elected  by  the  board  of  directors 
at  their  regular  meeting  in  July  annually,  and  shall  hold  office 
for  one  year,  but  no  candidate  for  examination  as  a  preliminary 
to  teaching  in  the  public  schools  shall  be  an  associate  examiner. 
The  city  superintendent  of  schools  shall  be  chairman  of  the 
board  of  examiners.  The  board  of  examiners  shall  meet  and  hold 
examinations  for  the  granting  of  teachers'  certificates  on  such 
occasions  only  as  may  be  authorized  by  the  board  of  directors. 
Such  board  of  examiners  shall  have  power : 

1.  To  adopt  rules  and  regulations,  not  inconsistent  with  the 
laws  of  this  state  or  the  rules  of  the  State  Board  of  Education, 
for  its  own  government  and  for  the  examination  of  teachers  and 
to  fix  standards  of  proficiency  for  the  granting  and  renewing  of 
certificates,  subject  to  the  approval  of  the  board  of  directors. 

2.  To  prepare  questions  on  the  various  subjects  prescribed 
by  law  and  examine  by  written  or  oral  examination  all  candi- 
dates for  the  following  certificates : 

(a)  A  city  high  school  certificate,  valid  for  one  year  only, 
unless  renewed,  and  authorizing  the  holder  to  teach  or  serve  as 
principal  in  any  primary,  grammar,  or  high  school  in  such  city. 

(b)  A  city  grammar  school  certificate,  valid  for  one  year 
only  unless  renewed,  and  authorizing  the  holder  to  teach  in  any 
primary  or  grammar  school,  or  serve  as  principal  in  any  pri- 
mary school  in  such  city. 

(c)  A  city  primary  certificate,  valid  for  one  year  only,  unless 


158  CODE  OF  PUBLIC  INSTRUCTION 


renewed,  and  authorizing  the  holder  to  teach  in  any  primary 
school  in  the  city. 

The  board  of  examiners  shall  report  the  result  of  all  exam- 
inations to  the  board  of  directors,  who,  through  the  president 
and  secretary  thereof,  shall  issue  to  the  successful  candidates 
the  certificates  to  which  they  are  entitled;  and  the  board  of  di- 
rectors shall  report  a  list  of  certificates  issued  to  the  State  Su- 
perintendent of  Public  Instruction  and  to  the  county  superin- 
tendent of  the  county  in  which  the  city  is  located. 

3.  To  recommend  to  the  board  of  directors  renewals  of  the 
\arious  renewable  certificates,  in  accordance  with  such  regula- 
tions as  they  may  adopt,  or  as  may  be  prescribed  by  the  board 
of  directors;  whereupon  said  board  of  directors,  through  its 
president  and  secretary,  may  renew  such  certificates  from  year 
to  year.     (L.  '09,  p.  342,  §  1 ;  Rem.  &    Bal.,  §  4645.) 

327.  Qualifications  of  applicants 

No  certificate  of  permission  to  teach  shall  be  issued  to  any 
person  not  eighteen  years  of  age.  No  certificate  shall  be  granted 
to  any  person  whose  moral  character  or  habits  are  known  by  the 
board  of  examiners  or  board  of  directors  to  be  bad,  or  who  is 
afflicted  with  a  serious  infectious  or  hereditary  disease.  No 
certificate  shall  be  granted  by  the  board  of  directors  or  upon  its 
authority  except  to  successful  candidates  in  a  regular  or  spe- 
cial examination  conducted  by  the  board  of  examiners  in  ac- 
cordance with  the  provisions  of  the  law.  (L.  '09,  p.  343,  §  2 ; 
Rem.  &  Bal.,  §4646.) 

328.  Primary  and  grammar  certificates 

City  primary  and  city  grammar  certificates  shall  be  granted 
only  to  applicants  who  are  found  upon  examination  to  have  a 
practical  knowledge  of  pedagogics,  school  management  and  the 
general  school  system  of  the  State  of  Washington,  and  to  be 
proficient  in  and  qualified  to  teach  the  following  branches: 
reading,  writing,  spelling,  English  grammar,  geography,  arith- 
metic, physiology  and  hygiene,  United  States  history,  and  such 
other  English  branches  as  the  board  of  directors  may  prescribe : 
Provided,  That  the  examination  of  applicants  for  such  certifi- 


STATE  OP  WASHINGTON  I59 

cates  shall  be  specially  adapted  to  discover  their  fitness  to  teach 
all  branches  named  to  pupils  of  primary  or  grammar  grades 
respectively.     (L.  '09,  p.  344,  §3;  Rem.  &  Bal.,  §  4647.) 

329.  High  school  certificates 

City  high  school  certificates  shall  be  granted  only  to  appli- 
cants who  pass  satisfactorily  the  examination  required  for  gram- 
mar certificates  and  in  addition  thereto  sustain  a  satisfactory  ex- 
amination in  civil  government,  physical  geography,  elementary 
physics,  algebra,  botany,  and  such  other  branches  as  the  board 
of  directors  may  prescribe.  (L.  '09,  p.  344,  §  4 ;  Rem.  &  Bal., 
§  4648.) 

330.  Exemptions  from  examinations 

Holders  of  normal  diplomas  and  holders  of  state  diplomas  or 
state  certificates  or  any  certificate  authorized  by  the  laws  of 
the  State  of  Washington  shall  be  exempt  from  all  further  exami- 
nations during  the  terms  of  validity  of  such  certificates  as  pro- 
vided by  law.  Teachers  engaged  in  the  exclusive  teaching  of 
music,  foreign  languages,  drawing,  penmanship,  kindergarten, 
manual  training,  domestic  science  and  physical  culture  shall  be 
exempt  from  all  examinations  except  such  as  pertain  to  the 
special  departments  over  which  they  preside.  (L.  '09,  p.  344, 
§5;  Rem.  &  Bal.  §4649.) 

331.  Special  certificates 

Special  certificates  shall  be  granted  only  to  applicants  who 
pass  satisfactorily  the  examination  in  a  special  or  departmental 
subject  (such  as  music,  foreign  language,  drawing,  penman- 
ship, kindergarten,  manual  training,  domestic  science,  physical 
culture,  etc.),  and  such  other  subjects  as  are  calculated  to  dis- 
cover applicants'  fitness  to  teach  in  public  schools.  (L.  '09, 
p.  344,  §  6;  Rem.  &  Bal.,  §  4650.) 

Article  VI — Certificates  and  Diplomas  of  the  Higher  Institutions 

of  Learning 

332.  Papers  to  be  issued  according  to  law 

Certificates  and  diplomas  of  the  normal  schools,  of  the  State 
College  of  Washington,  and  of  the  University  of  Washington 


160  CODE  OF  PUBLIC  INSTRUCTION 

shall  be  granted  as  provided  by  law.     (L.  '09,  p.  345,  §1  (art. 
6) ;  Rem.  &  Bal.,  §  4651.) 

333.  Temporary  certificates 

Temporary  certificates  shall  be  issued  in  accordance  with 
the  rules  and  regulations  of  the  State  Board  of  Education.  (L. 
'11,  p.  54,  §5.) 

Abticle  VIII — Special  Certificates 

334.  Shall  be  granted,  to  whom 

Special  certificates  shall  be  issued  by  the  county  superintend- 
ent, or  city  superintendent  if  in  a  city,  to  applicants  who  show 
by  examination  or  otherwise  satisfactory  evidence  of  fitness  to 
teach  special  subjects,  such  as  music,  foreign  languages,  art, 
manual  training,  penmanship,  kindergarten,  domestic  science, 
typewriting,  stenography,  physical  culture,  etc.  Special  cer- 
tificates shall  be  valid  so  long  as  the  holder  continues  to  teach 
in  the  city  or  county  where  granted,  unless  revoked.  (L.  '09, 
p.  345,  §  1  (art.  8)  ;  Rem.  &  Bal.,  §  4653.) 

Article  IX — Revocation  of  Certificates 

335.  May  be  revoked  by  authority  which  issued  it 

Any  certificate  to  teach  named  in  this  act  may  be  revoked  by 
the  authority  authorized  to  grant  same  upon  complaint  of  any 
superintendent  for  immorality,  violation  of  written  contract, 
intemperance,  crime  against  the  law  of  the  state,  or  any  un- 
professional conduct,  after  the  defendant  has  been  given  an 
opportunity  to  be  heard.  (L.  '09,  p.  345,  §  1  (art.  9)  ;  Rem. 
&  Bal.,  §  4654.) 

Mere  inconsiderate  language  or  slight  impropriety  of  conduct  of  a  teacher, 
not  involving  moral  turpitude,  in  endeavoring  to  secure  a  first  grade  certificate, 
is  not  such  "suflicient  cause,"  for  the  revocation  of  valid  certificates  held  by 
her :     Browne  v.  Gear,  21  Wash.  147. 

Where  a  teacher  is  re-elected  for  the  ensuing  year,  and  thereafter  expresses 
her  gratification  to  the  secretary  of  the  board  that  she  is  to  have  her  same  work, 
and  during  vacation  consults  with  the  principal,  at  his  request,  in  regard  to 
her  proposed  work,  acceptance  on  her  part  is  sufficiently  shown,  and  the  dis- 
pensing with  her  services  subsequently  upon  abolishing  the  line  of  work  she 
had  conducted,  without  giving  her  an  opportunity  to  accept  or  refuse  other  work 
in  the  school,  amounts  to  a  breach  of  contract :  MacKenzie  v.  State,  32  Wash. 
667. 


STATE  OF  WASHINGTON  1(51 

336.  Penalty  for  revocation 

In  case  any  certificate  is  revoked,  the  holder  shall  not  be  eligi- 
ble to  receive  another  teacher's  certificate  for  a  period  of  twelve 
months  after  the  date  of  revocation.  (L.  '09,  p.  346,  §  2 ;  Rem. 
&  Bal.,  §  4655.) 

337.  Right  of  appeal 

Any  teacher  whose  certificate  to  teach  has  been  revoked,  as 
provided  in  the  preceding  sections,  and  feeling  aggrieved  at 
such  revocation,  shall  have  the  following  right  of  appeal : 

First.  To  the  Superintendent  of  Public  Instruction  when- 
ever the  certificate  has  been  revoked  by  the  county  superintend- 
ent. 

Second.  To  the  State  Board  of  Education  when  the  certifi- 
cate has  been  revoked  by  the  Superintendent  of  Public  Instruc- 
tion. 

Third.  To  the  State  Board  of  Education  when  the  certifi- 
cate has  been  revoked  by  the  faculty  of  the  State  University,  the 
State  College  or  the  normal  schools. 

Fourth.  An  appeal  under  the  provisions  of  this  act  to  the 
State  Superintendent  shall  operate  as  a  stay  of  proceedings  for 
a  period  of  thirty  (30)  days,  and  an  appeal  to  the  State  Board 
of  Education  shall  operate  as  a  stay  of  proceedings  till  the  next 
regular  or  special  meeting  of  said  board.  (L.  '09,  p.  346,  §  3 ; 
Rem.  &  Bal.,  §  4656.) 

CHAPTER  13 
Article  I — General  Elections 

338.  General  elections — When  held 

The  election  of  school  district  directors  shall,  except  as  oth- 
erwise provided  by  law,  be  held  on  the  first  Saturday  in  March 
of  each  year,  at  the  district  school  house,  if  there  be  one,  or  if 
there  be  none,  or  more  than  one,  then  at  one  or  more  places  to 
be  designated  by  the  board  of  directors.  Special  school  elec- 
tions shall  be  called  and  conducted  in  the  manner  provided  for 
calling  and  conducting  annual  elections.  In  districts  in  which 
elections  are  held  in  more  than  one  voting  place,  the  clerks  of 
the  election  shall  forward  the  election  returns  to  the  clerk  of 


162  CODE  OF  PUBLIC  INSTRUCTION 

the  board  of  school  directors,  who  shall  canvass  the  vote  on 
the  Saturday  following  the  election,  declare  the  result  and  issue 
certificates  of  election.     (L.  '13,  p.  348,  §  1.) 

339.     Notices  of  election 

The  district  clerk  must  give  at  least  ten  days'  notice  of  such 
school  election,  by  posting  or  causing  to  be  posted,  written  or 
printed  notices  thereof  in  at  least  three  public  places  in  the 
district,  one  of  which  must  be  the  place  of  holding  the  election. 
Said  notice  must  designate  the  place  of  holding  the  election, 
day  of  holding  the  election,  hours  between  which  the  polls  are 
to  be  kept  open,  names  and  offices  for  which  persons  are  to  be 
elected,  and  terms  of  office,  with  a  statement  of  any  other 
questions  which  the  board  of  directors  may  desire  to  submit 
to  the  electors  of  said  district.  Notices  must  be  signed  by  the 
district  clerk  "By  order  of  the  board  of  directors."  Unless 
otherwise  designated  in  the  notice  of  election,  the  polls  shall 
be  open  at  one  o'clock  in  the  afternoon  and  close  at  eight  o'clock 
in  the  afternoon,  but  the  board  of  directors  may,  in  districts 
of  the  second  or  third  class,  previous  to  giving  notice  of  elec- 
tion, determine  on  an  hour  before  eight  o'clock  for  closing,  but 
they  must  not  be  closed  earlier  than  four  o'clock  in  the  after- 
noon. In  no  case  shall  the  polls  be  opened  before  the  hour 
named  in  the  notice,  nor  kept  open  after  the  hour  fixed  for 
closing  the  polls,  but  if  there  is  not  a  sufficient  number  of  electors 
present  at  the  hour  named  for  opening  the  polls  to  constitute 
a  board  of  election,  it  shall  be  lawful  to  open  the  polls  as  soon 
thereafter  as  a  sufficient  number  of  electors  is  present.  (L.  '09, 
p.  346,  §  2;  Rem.  &  Bal.,  §  4658.) 

On  appeals  from  a  judgment  ousting  the  appellant  from  the  office  of  school 
clerk,  he  is  entitled  to  file  a  bond  staying  proceedings  pending  the  appeal  and 
it  is  the  duty  of  the  trial  judge  to  order  and  fix  the  amount  thereof :  State  v. 
Sachs,  3  Wash.  96. 

If  notice  of  election,  published  by  the  clerk  of  a  school  district,  notified  the 
electors  that  the  polls  would  be  open  until  7  p.  m.,  instead  of  8  p.  m.,  as  re- 
quired by  statute,  the  clerk  being  himself  a  candidate,  cannot  take  advantage  of 
his  own  error  :     State  v.  Smith,  4  Wash.  661. 

Elections  for  the  purpose  of  authorizing  an  increase  of  a  debt  limit  of 
school  districts  may  properly  be  held  under  the  general  provisions  of  law  con- 
cerning the  holding  of  annual  and  special  school  elections :  Holmes  &  Bull  F. 
Co.  v.  Hedges,  13  Wash.  696. 


STATE  OF  WASHINGTON  Igg 

340.  Organization  of  election  board 

At  the  hour  fixed  for  opening  the  polls  the  electors  present 
shall  select  two  electors  to  act  as  judges  of  the  election  and  one 
elector  to  act  as  clerk  of  the  election,  and  the  three  selected 
shall  constitute  the  election  board;  and  no  election  shall  be  held 
unless  an  election  board  is  so  constituted  and  qualified.  The 
judges  and  clerk  aforesaid  shall,  before  entering  upon  the  duties 
of  their  office,  severally  take  and  subscribe  an  oath  or  affirma- 
tion faithfully  to  discharge  the  duties  of  such  officers  of  elec- 
tion, said  oath  or  affirmation  to  be  administered  by  any  school 
officer  or  any  other  person  authorized  to  administer  oaths.  The 
judges  shall,  before  they  commence  receiving  ballots,  cause  to 
be  proclaimed  aloud  at  the  place  of  voting  that  the  polls  are  now 
open.     (L.  '09,  p.  347,  §  3 ;  Rem.  &  Bal.,  §  4659.) 

341.  Must  vote  by  ballot 

The  voting  shall  be  by  ballot.  The  ballots  shall  be  of  white 
paper  of  uniform  size  and  quality,  containing  the  names  of 
the  persons  for  whom  the  electors  intend  to  vote,  and  desig- 
nating the  office  to  which  such  person  so  named  is  intended  by 
him  to  be  chosen.  Whenever  any  person  offers  to  vote,  one  of 
the  judges  shall  pronounce  his  name  in  an  audible  voice,  and 
if  there  be  no  objection  to  the  qualifications  of  such  person  as 
an  elector,  he  shall  receive  the  ballot  in  the  presence  of  the 
election  board  and  deposit  the  same  without  being  opened  or 
examined  in  the  ballot  box,  and  the  clerk  shall  immediately 
enter  the  name  upon  the  list  headed  "Names  of  voters."  (L. 
'09,  p.  347,  §  4;  Rem.  &  Bal.,  §  4660.) 

In  a  school  oond  election,  a  ballot  so  printed  on  a  narrow  slip  of  paper  that 
it  may  be  torn  in  the  middle,  leaving  the  voter  to  deposit  one-half  with  the 
words  "Bonds,  Yes"  or  "Bonds,  No,"  is  sufficiently  regular  in  form,  under  the 
statute  requiring  the  ballots  to  contain  the  words  "Bonds,  Yes,"  or  "Bonds, 
No,"  where  the  voter  can  so  fold  the  portion  voted  as  to  preserve  the  secrecy 
of  the  vote  :    Kinder  v.  School  District  No.  126,  68  Wash.  410. 

342.  Qualifications  of  voters 

Every  person,  male  or  female,  over  the  age  of  twenty-one 
years,  who  shall  have  resided  in  the  school  district  for  thirty 
days  immediately  preceding  any  school  election,  and  in  the  state 


Ig4  CODE  OF  PUBLIC  INSTRUCTION 

one  year,  and  is  otherwise,  except  as  to  sex,  qualified  to  vote  at 
any  general  election,  shall  be  a  legal  voter  at  any  school  elec- 
tion, and  no  other  person  shall  be  allowed  to  vote:  Provided, 
That  registration  for  purposes  of  school  election  shall  not 
be  required  except  in  school  districts  of  the  first  class.  Per- 
sons offering  to  vote  may  be  challenged  by  any  legally  qualified 
school  elector  of  the  district,  and  one  of  the  judges  of  election 
shall  thereupon,  before  receiving  his  vote,  administer  to  the 
person  challenged  an  oath  in  substance  as  follows :  "You  do 
swear,  (or  affirm)  that  you  are  a  citizen  of  the  United  States, 
that  you  are  twenty-one  years  of  age,  according  to  your  in- 
formation and  belief,  and  that  you  have  resided  in  this  district 
thirty  days  next  preceding  this  election,  and  in  the  state  one 
year,  and  that  you  have  not  voted  before  on  this  day."  If  he 
shall  refuse  to  take  the  oath,  his  vote  will  be  rejected.  Any  per- 
son guilty  of  illegal  voting  shall  be  punished  as  provided  in  the 
general  election  laws  of  the  state.  (L.  '09,  p.  348,  §  5 ;  Rem. 
&  BaL,  §  4661.) 
343.     Closing  of  polls — Counting  of  ballots 

When  the  polls  are  closed,  proclamation  thereof  shall  be  made 
at  the  place  of  voting,  and  no  vote  shall  be  afterward  received. 
As  soon  as  the  polls  are  closed  the  judges  shall  open  the  ballot 
box  and  commence  counting  the  votes,  and  in  no  case  shall  the 
ballot  box  be  removed  from  the  room  in  which  the  election  is 
held  until  all  the  votes  are  counted.  The  counting  shall  be  in 
public.  The  ballots  shall  be  taken  out  one  by  one,  by  one  of 
the  judges,  who  shall  open  them  and  read  aloud  the  name  of 
each  person  contained  therein,  and  the  office  for  which  such 
person  was  voted  for.  The  clerk  shall  write  down  each  office  to 
be  filled  and  the  name  of  such  person  voted  for  such  office,  and 
shall  keep  the  number  of  votes  by  tallies  as  they  are  read  aloud 
by  one  of  the  judges.  The  counting  of  the  votes  shall  continue 
without  adjournment  until  all  the  votes  are  counted.  No  ticket 
shall  be  rejected  on  account  of  form  or  mistake  in  the  initials,  or 
spelling  of  names,  if  the  judges  can  determine  to  their  satis- 
faction  the  person   voted   for   and   the   office   intended.      After 


STATE  OF  WASHINGTON  165 

the  result  of  the  election  is  duly  canvassed  and  officially  de- 
clared, the  clerk  of  the  election  shall  forward  the  poll  sheet 
thereof  to  the  county  superintendent,  who  shall  preserve  the 
same  on  file  in  his  office.  (L.  '09,  p.  348,  §  6;  Rem.  &  Bal., 
§  4662.) 

The  successful  candidate  having  received  six  hundred  and  fifty  votes  as 
against  two  hundred  and  eighty  for  the  defeated  candidate,  the  latter  must  al- 
lege and  prove,  in  order  to  overthrow  the  election,  that  had  the  polls  been  kept 
open  until  8  p.  m.  the  result  would  have  been  different :  State  v.  Smith,  4 
Wash.  661. 

In  a  proceeding  for  an  injunction  to  restrain  the  issuance  of  school  district 
warrants,  authorized  at  a  special  election  for  the  purpose  of  erecting  a  high 
school  building,  the  final  returns  of  the  canvassing  board,  declaring  the  result, 
after  canvassing  the  votes,  regularly  made  and  not  impeached  for  fraud, 
nor  attacked  in  any  proceeding  to  obtain  a  review  thereof  is  final  and  conclu- 
sive on  the  courts  as  to  the  number  of  votes  cast :  Nichols  v.  School  District,  39 
Wash.   137. 

344.     Persons  having  highest  number  of  votes  elected 

Persons  having  the  highest  number  of  votes  given  for  each 
office  shall  be  declared  duly  elected,  and  the  clerk  of  election 
shall  immediately  make  out  and  deliver  to  each  person  so  elected 
a  certificate  of  election.  The  clerk  of  election  shall  also  make 
out  a  certificate  showing  the  persons  elected  to  each  office  at 
such  election,  with  oaths  of  office  of  persons  elected  attached, 
and  mail  such  certificates  and  oaths  to  the  superintendent  of 
schools  of  the  county  in  which  the  election  is  held.  If  two 
persons  have  an  equal  and  highest  number  of  votes  for  one  and 
the  same  office,  they  shall,  within  ten  days  after  the  election, 
appear  before  the  clerk  of  election  of  said  district  and  publicly 
decide  by  lot  which  of  the  persons  so  having  an  equal  number 
of  votes  shall  be  declared  elected,  and  the  clerk  of  election  shall 
make  out  and  deliver  to  the  person  thus  declared  elected  a 
certificate  of  his  election,  and  notify  the  county  superintendent 
of  the  county  as  before  provided.  If  the  persons  above  named 
do  not,  within  ten  days  after  election,  thus  decide,  the  office 
shall  be  declared  vacant  by  the  clerk  of  election,  and  the  county 
superintendent  shall,  when  notified  of  the  vacancy,  fill  the  same 
by  appointment.      (L.  '09,  p.  349,  §  7;  Rem.  &  Bal.,  §  4663.) 

I  do  not  know  of  any  law  that  authorizes  the  county  superintendent  to  set 
aside  an  election  and  appoint  school  officers  in  place  of  those  certified  to  be 
elected  by  the  election  board.  The  general  law  provides  how  elections  may  be 
contested,  and  these  provisions  in  my  opinion  apply  to  school  as  well  as  to 
other  officers. — Bell. 


16g  CODE  OP  PUBLIC  INSTRUCTION 

Article  II — Special  Meetings 

345.  Board  may  call  special  meeting  of  electors 

Any  board  of  directors  may,  at  its  discretion,  and  shall, 
upon  a  petition  of  a  majority  of  the  legal  voters  of  their  dis- 
trict, call  a  special  meeting  of  the  voters  of  the  district,  to 
determine  the  length  of  time  in  excess  of  the  minimum  length 
of  time  prescribed  by  law  that  such  school  shall  be  maintained 
in  the  district  during  the  year;  to  determine  whether  or  not 
the  district  shall  purchase  any  school  house  site  or  sites,  and 
to  determine  the  location  thereof;  or  to  determine  whether  or 
not  the  district  shall  build  one  or  more  school  houses ;  or  to 
determine  whether  or  not  the  district  shall  maintain  one  or  mor.; 
free  kindergartens ;  or  to  determine  whether  or  not  the  district 
shall  sell  any  real  or  personal  property  belonging  to  the  dis- 
trict, borrow  money  or  establish  and  maintain  a  school  district 
library.     (L.  '09,  p.  349,  §  1;  Rem.  &  Bal.,  §  4>664.) 

A  district  cannot,  after  having  once  located  its  school  house  site,  sell  such 
site  by  majority  vote,  and  then  purchase  another  site  by  majority  vote. — Bell. 

Directors  have  no  right  to  convey  a  right  of  way  without  a  vote  of  said 
board. — Lyle. 

There  is  an  implied  power  for  a  school  district  to  issue  warrants  against  a 
building  fund  for  the  purpose  of  constructing  school  houses. — Lyle. 

The  directors  present  at  any  special  meeting  of  their  district  are  authorized 
to  adopt  any  form  of  procedure  relating  to  the  casting  and  counting  of  votes 
cast  on  any  question  covered  by  section  4664,  Rem.  &  Bal.  Code,  (§  345,  Code  of 
Public  Instruction)  but  that  the  voting  must  be  by  ballot,  and  the  ballots  must 
be  of  white  paper  and  of  uniform  size  and  quality. — Lyle. 

Rem.  &  Bal.  Code,  §  4464,  providing  that  a  school  election  for  the  purchase 
of  school  grounds  shall  be  by  ballot,  is  directory  only,  and  the  election  is  not  in- 
validated by  the  fact  that  a  standing  vote  was  taken,  in  the  absence  of  evidence 
that  the  election  did  not  fairly  represent  the  will  of  the  electors  :  State  ex  rel. 
School  District  No.  56  v.  Superior  Court,  69  Wash.  189. 

346.  The   meeting,   how,  when   and  where   held 

All  such  special  meetings  shall  be  held  at  the  school  house,  if 
there  be  one,  or  if  there  be  none,  or  more  than  one,  then  at  such 
school  house  or  place  as  the  board  of  directors  may  determine. 
The  voting  shall  be  by  ballot,  the  ballots  to  be  of  white  paper 
of  uniform  size  and  quality.  At  least  ten  days'  notice  of  such 
special  meeting  shall  be  given  by  the  district  clerk  in  the  man- 
ner that  notice  is  required  to  be  given  of  the  annual  school 
election,  which  notice  shall  state  the  object  or  objects  for  which 
the  meeting  is  to  be  held,  and  no  other  business  shall  be  trans- 


STATE  OF  WASHINGTON  1(J7 

acted  at  such  meeting  than  such  as  is  specified  in  the  notice. 
The  district  clerk  shall  be  clerk  of  the  meeting,  and  the  chair- 
man of  the  board  of  directors  or,  in  his  absence,  the  senior 
director  present,  shall  be  chairman  of  the  meeting:  Provided, 
That  in  the  absence  of  one  or  all  of  said  officers,  the  qualified 
electors  present  may  elect  a  chairman  or  clerk,  or  both  chair- 
man and  clerk,  of  said  meeting  as  occasion  may  require,  from 
among  their  number.  The  clerk  of  the  meeting  shall  make  a 
record  of  the  proceedings  of  the  meeting,  and  when  the  clerk 
of  such  meeting  has  been  elected  by  the  qualified  voters  pres- 
ent, he  shall  within  ten  days  thereafter,  file  the  record  of  the 
proceedings,  duly  certified,  with  the  clerk  of  the  district,  and 
said  records  shall  become  a  part  of  the  records  of  the  district, 
and  be  preserved  as  other  records.  (L.  '09,  p.  350,  §  2 ;  Rem. 
&  Bal.,  §  4665.) 

347.  Board  must  obey  directions 

It  shall  be  the  duty  of  every  board  of  directors  to  carry  out 
the  directions  of  the  electors  of  their  districts  as  expressed  at 
any  such  meeting.     (L.  '09,  p.  350,  §  3;  Rem.  &  Bal.,  §  4666.) 

Article  III — Elections  in  Districts  of  the  First  Class 

348.  Notices  of  election 

The  regular  district  election  in  each  district  of  the  first  class 
shall  be  held  upon  the  first  Saturday  of  December  in  each  year. 
The  board  of  directors  shall  cause  written  or  printed  notices 
to  be  posted,  specifying  the  day  and  place  of  such  election,  and 
the  time  during  which  the  ballot  box  will  be  kept  open.  Said 
notices  shall  be  posted  in  at  least  one  place  in  each  ward  in  the 
district  at  least  twenty  days  previous  to  the  time  of  election. 
Said  notices  shall  also  be  published  three  times  in  two  daily 
papers  published  in  the  district,  and  if  there  be  no  daily  or 
dailies,  then  in  the  weekly  paper  or  papers  in  three  regular  is- 
sues next  preceding  the  day  of  such  election.  If  the  board  of 
directors  fail  to  give  notice  at  such  time,  as  herein  provided, 
then  any  five  legal  voters  residing  in  the  district  may  give  such 
notice  over  their  own  title  for  such  election.  (L.  '09,  p.  351, 
§  1 ;  Rem.  &  Bal.,  §  4667.) 


168  CODE  OF  PUBLIC  INSTRUCTION 

349.  All  elections  to  be  by  ballot 

All  elections  shall  be  by  official  ballot  and  the  polls  shall  be 
opened  at  one  o'clock  p.  m.,  and  be  closed  at  eight  o'clock  p.  m. 
The  official  ballot  shall  be  printed  and  furnished  by  the  board 
of  directors,  and  shall  contain  the  names  of  all  candidates  whose 
names  have  been  presented  by  petitions  filed  with  the  secretary 
of  the  board  not  less  than  ten  days  before  the  day  of  election. 
The  names  of  no  other  candidates  shall  appear  upon  said  offi- 
cial ballots,  and  no  other  ballots  shall  be  received  or  counted. 
(L.  '09,  p.  351,  §2;  Rem.  &  Bal.,  §  4668.) 

350.  Voting  places 

It  shall  be  the  duty  of  the  board  of  directors  to  provide  one 
or  more  voting  places  in  each  district :  Provided,  There  shall 
not  be  more  voting  places  in  any  district  than  the  number  of 
school  houses  located  in  such  district.  The  board  shall  also 
appoint  two  judges  and  one  clerk  for  each  voting  precinct. 
Both  judges  and  clerk  shall  be  qualified  electors  in  the  precinct 
for  which  they  are  appointed.  Should  any  judge  or  clerk  be 
absent  at  the  time  for  opening  the  polls,  the  electors  present 
shall  appoint  a  legal  voter  to  fill  such  vacancy.  (L.  '11,  p. 
503,  §1.) 

351.  Qualifications  of  voters 

Only  those  persons,  male  and  female,  who  have  complied  with 
the  laws  governing  registration  in  districts  of  the  first  class, 
shall  be  permitted  to  vote,  and  no  person  shall  be  entitled  to 
vote  at  said  election  except  in  the  ward  in  which  he  or  she  re- 
sides:  Provided,  That  any  elector  of  said  district  who  has 
duly  registered  as  a  voter  at  any  general  election  in  said  dis- 
trict shall  be  allowed  to  vote  at  the  next  succeeding  school  elec- 
tion held  the  same  year  without  registration.  (L.  '09,  p.  351, 
§  4;  Rem.  &  Bal.,  4670.) 

352.  City  clerk  must  furnish   registration   books 

The  city  clerk  or  other  municipal  officer  in  whose  custody  the 
registration  books  of  the  general  election  are  kept  shall  fur- 
nish to  the  secretary  of  the  board,  on  the  morning  of  the  day 
of  any  school  election,  the  registration  books  of  said  city  or  a 


STATE  OF  WASHINGTON  169 

copy  thereof,  which  said  registration  books  shall  be  returned 
within  two  days  after  said  election.  (L.  '09,  p.  352,  §  5 ;  Rem. 
&  Bal.,  §  4671.) 

353.  Board  of  directors  shall  canvass  returns 

The  board  of  directors  shall,  upon  closing  the  polls,  receive 
the  returns  at  the  time  and  the  place  it  shall  direct,  and  shall, 
within  five  (5)  days  from  said  election,  meet  as  a  canvassing 
board,  and  in  the  presence  of  any  duly  qualified  justice  of  the 
peace  in  and  for  said  county,  canvass  the  returns  and  ascertain 
the  result.  The  result  of  said  election  shall  be  certified  by  the 
board  of  directors  to  the  county  school  superintendent,  who 
shall  preserve  said  certificate,  entering  upon  his  records  the 
receipt  of  said  certificate  and  the  names  of  the  person  or  per- 
sons elected  as  members  of  such  board  of  directors  for  said  dis- 
trict, together  with  the  term  for  which  elected.  (L.  '09,  p. 
352,  §  6;  Rem.  &  Bal.,  §  4672.) 

Article  IV — Registration  of  Voters  in  School  Districts  of  the 

First  Class 

354.  Who  must  register 

Every  person  residing  in  any  portion  of  a  school  district 
of  the  first  class,  which  lies  without  the  limits  of  any  incorporated 
city,  who  is  not  required  to  register  to  vote  at  a  general  elec- 
tion held  therein  shall  not  be  entitled  to  vote  at  any  school  elec- 
tion, either  general  or  special,  to  be  held  in  any  such  district 
of  the  first  class  unless  he  or  she  shall  have  previously  complied 
with  the  requirements  as  to  registration  as  in  this  act  provided. 
(L.  '11,  p.  501,  §1.) 

355.  Secretary  must  register  voters 

The  secretary  of  the  board  of  directors  in  each  district  sub- 
ject to  the  provisions  of  this  act  shall  keep  the  books  of  regis- 
tration herein  provided  for,  and  shall  register  therein  the  names 
of  all  duly  qualified  voters  in  his  district,  on  application,  in  the 
manner  and  at  the  times  here  specified.  (L.  '09,  p.  352,  §  2 ; 
Rem.  &  Bal.,  §  4674.) 


170  CODE  OP  PUBLIC  INSTRUCTION 

356.  School  board  must  furnish  books  and  blanks 

The  board  of  directors  of  each  district  subject  to  the  pro- 
visions of  this  act  shall  furnish  the  secretary  of  such  board,  at 
the  expense  of  the  district,  all  blanks  and  books  of  registration 
and  shall  furnish,  at  the  expense  of  their  respective  districts, 
all  funds  necessary  for  carrying  out  the  provisions  of  this  act. 
(L.  '09,  p.  352,  §  3;  Rem.  &  Bal.,  §  4675.) 

357.  When  and  where  books  shall  be  opened 

The  books  of  registration  shall  be  opened  for  the  purpose  of 
registration,  at  the  office  of  the  secretary  of  the  board  of  the 
district,  on  each  day  between  the  hours  of  9  o'clock  a.  m.  and 
4  o'clock  p.  m.,  except  on  legal  holidays,  and  they  shall  be 
closed  and  no  names  shall  be  registered  therein  during  the  five 
days  preceding  any  special  or  general  election  held  in  such  dis- 
trict. The  secretary  of  the  board  shall  give  notice  of  the  clos- 
ing of  the  books  of  registration  in  his  district  by  notice  pub- 
lished in  a  newspaper  of  general  circulation,  published  in  his 
district,  at  least  ten  days  before  the  day  for  closing  said  books. 
(L.  '09,  p.  353,  §  4;  Rem.  &  Bal.,  §  4676.) 

358.  Books  may  be  opened  at  convenient  places 

For  a  period  of  thirty  days  preceding  the  closing  of  regis- 
tration books  for  any  election,  the  books  may  be  opened  at  a 
convenient  place  in  the  district  for  the  registration  of  voters, 
which  places  must  be  designated  by  the  board  of  directors,  and 
during  a  period  of  ten  days  immediately  preceding  the  closing 
of  such  books  they  shall  be  kept  open  until  seven  o'clock  each 
evening,  and  they  may  be  kept  open  until  a  later  hour  by  order 
of  the  board  of  directors.  (L.  '09,  p.  353,  §  5 ;  Rem.  &  Bal., 
§4677.) 

359.  Registration  only  once  in  year 

Registration  shall  not  be  required  more  than  once  in  each 
year.  All  persons  who  are  duly  qualified  electors  under  the 
provisions  of  this  act,  who  reside  in  any  portion  of  a  school  dis- 
trict of  the  first  class  outside  of  the  limits  of  any  incorporated 
city  and  who  are  not  required  to  register  to  vote  at  a  general 
election  shall  be  entitled  to  registration  on  application  to  the 


STATE  OF  WASHINGTON 


171 


secretary  of  the  board  of  directors  of  the  district  in  which  they 
reside:  Provided,  Such  elector  shall  have  been  a  resident  of 
the  state  for  one  year,  of  the  county  ninety  days,  and  of  the 
voting  precinct  thirty  days  prior  to  the  next  general  or  spe- 
cial election  to  be  held  in  such  district.  No  person  shall  vote  at 
any  such  election  except  in  the  precinct  where  he  or  she  has  re- 
sided for  the  length  of  time  above  specified.  (L.  '11,  p.  501, 
§2.) 

360.  Outside  voting  precincts 

Wherever  the  whole  or  any  portion  of  such  district  of  the  first 
class  shall  lie  without  the  limits  of  any  incorporated  city  the 
board  of  directors  of  such  district  shall  sub-divide  such  outlying 
territory  into  voting  precincts  so  that  each  precinct  shall  con- 
tain, as  near  as  may  be,  five  hundred  inhabitants,  and  after  the 
boundaries  of  such  precincts  shall  have  been  established,  said 
territory  shall  not  be  redistricted  oftener  than  once  in  three 
years,  and  not  then  unless  one  or  more  of  the  precincts  thereof 
shall  have  attained  a  population  of  more  than  five  hundred  in- 
habitants. There  shall  be  provided  by  the  board  of  directors  in 
each  district  and  kept  by  the  secretary  of  such  board  a  book  of 
registration  for  each  voting  precinct  in  such  district  established 
by  the  board  of  directors  as  above  provided.  (L.  '11,  p.  502, 
§3.) 

361.  What  the  book  shall  contain 

The  books  of  registration  aforesaid  shall  be  so  arranged  as 
to  admit  the  alphabetical  classification  of  the  names  of  the  voters, 
and  ruled  in  parallel  columns  with  appropriate  heads,  as  follows : 
Date  of  registration,  name,  age,  occupation,  place  of  residence, 
place  of  birth,  time  of  residence  in  the  state,  county  and  pre- 
cinct, and  if  of  foreign  birth,  name  and  place  of  court  and  date 
of  declaration  of  intention  to  become  a  citizen  of  the  United 
States,  or  date  of  naturalization,  and  with  one  column  for  signa- 
ture and  one  for  remarks,  and  one  column  for  checking  the  name 
of  voter  at  the  time  of  voting.  Under  head  of  place  of  residence 
shall  be  noted  the  number  of  lot  and  block,  or  number  and  street 
where  applicant  resides,  or  some  other  definite  description  suf- 


172 


CODE  OF  PUBLIC  INSTRUCTION 


ficient  to  locate  the  residence,  and  the  voter  so  registering  as 
provided  in  this  section  shall  sign  his  or  her  name  on  the  reg- 
istry opposite  the  entries  above  required,  in  the  column  headed 
"Signature,"  and  in  case  any  voter  shall  not  be  capable  of  writ- 
ing his  or  her  name  he  or  she  shall,  on  the  left-hand  margin 
of  said  column,  make  his  or  her  mark  by  a  cross  or  such  other 
mark  as  is  usual  in  indicating  his  or  her  signature,  and  some 
person  who  is  personally  known  to  said  voter,  and  is  person- 
ally known  to  the  registering  officer,  and  who  is  capable  of 
writing  his  or  her  name,  shall  sign  in  said  column  immediately 
opposite  said  mark  as  an  identifying  witness  thereto.  (L.  '09,  p. 
354,  §  8;  Rem.  &  Bal.,  §  4680.) 

362.  Must  appear  in  person  to  register 

No  person  shall  be  registered  unless  he  or  she  appears  in 
person  before  the  secretary  or  the  board  of  directors  in  the  dis- 
trict in  which  such  elector  resides,  during  the  hours  the  books 
are  opened  for  registration,  and  answers  truly  the  questions 
that  may  be  put  to  him  or  her  touching  his  or  her  qualifications 
to  vote  in  such  district,  and  shall  also  make  and  subscribe  the 
following  oath: 
State  of  Washington,  County  of .  . ,  ss. 

I, ,  do  solemnly  swear  (or  affirm) 

that  I  am  a  legally  qualified  school  elector,  under  the  laws  of 
the  State  of  Washington,  and  that  I  have  been  an  actual  per- 
manent resident  of  said  state  for  eleven  months  and  twenty 
days  last  past,  and  of  the  county  for  eighty  days  last  past,  and 

the precinct  twenty  days  last  past,  and  that  I 

have  not  lost  my  civil  rights  by  reason  of  being  convicted  of 
any  infamous  crime. 

Subscribed  and  sworn  to  before  me  this day  of 

Said  affidavit  shall  be  filed  and  preserved  by  the  secretary  of 
the  board  for  at  least  two  years.  (L.  '09,  p.  355,  §  9 ;  Rem.  & 
Bal.,  §  4681.) 

363.  Secretary  to  administer  oaths 

The  secretaries  of  the  boards  of  directors  are  hereby  em- 
powered to  administer  all  necessary  oaths  in  examining  appli- 


STATE  OF  WASHINGTON  173 

cants  for  registration,  or  any  witness  that  may  be  offered  in 
behalf  of  any  applicant.  The  said  secretary  shall  examine 
carefully  any  applicant  whose  right  to  register  he  may  doubt, 
or  who  may  be  challenged,  and  if  the  applicant  shall  be  entitled 
to  vote  at  the  next  election  he  or  she  shall  be  registered,  other- 
wise not.     (L.  '09,  p.  355,  §  10;  Rem.  &  Bal.,  §  4682.) 

364.  Elector   may  transfer   registration 

If  any  elector  shall  during  the  year  for  which  he  or  she 
may  be  registered  change  his  or  her  place  of  residence  from 
the  precinct  in  which  he  or  she  is  registered  to  any  other  pre- 
cinct in  said  district,  outside  the  corporate  limits  of  such  city, 
he  or  she  shall  apply  to  the  secretary  of  the  board  to  have  said 
removal  noted.  The  secretary  shall  run  a  red  ink  line  across 
the  name  in  the  precinct  book  in  which  said  applicant  shall  be 
registered,  and  likewise  note  said  removal  in  the  column  headed, 
"Remarks,"  in  said  book  and  thereupon  the  secretary  shall  enter 
the  name  and  register  the  elector  in  the  registration  book  of 
the  precinct  to  which  he  or  she  has  removed.  (L.  '11,  p.  502, 
§*•) 

365.  Voters  may  be  challenged 

Registration  under  the  provisions  of  this  act  shall  be  prima 
facie  evidence  of  the  right  of  the  elector  to  vote  at  any  general 
or  special  school  election  held  within  the  district  during  the 
year  for  which  said  elector  is  registered.  If  any  person  duly 
registered  is  challenged,  it  shall  be  the  duty  of  the  judges  of 
election  to  examine  the  challenger  and  any  witnesses  that  may 
be  produced  on  oath,  touching  the  right  of  such  elector  to  vote ; 
the  judges  shall  then,  unless  they  dismiss  said  challenge,  ex- 
amine the  proposed  elector  on  oath,  and  if  it  appears  that  said 
elector  is  entitled  to  vote  at  said  election,  his  or  her  vote  shall 
be  received,  otherwise  rejected.  Any  person  swearing  falsely 
before  any  judge  of  election,  on  the  hearing  of  any  such  chal- 
lenge, shall  be  deemed  guilty  of  perjury,  and  shall  be  subjected 
to  the  pains  and  penalties  of  perjury.  (L.  '09,  p.  356,  §  12; 
Rem.  &  Bal.,  §  4684.) 


174  CODE  OP  PUBLIC  INSTRUCTION 

366.  Secretary  to  deliver  books  to  election  clerks 

On  the  morning  of  any  general  or  special  school  election  the 
secretary  of  the  board  shall  deliver  to  the  clerk  of  each  voting 
precinct  within  his  district  the  original  book  of  registration 
of  the  precinct  for  which  such  clerk  was  appointed.  Each  clerk 
of  election  shall  return  the  book  of  registration  entrusted  to  him 
to  the  secretary  of  the  board  at  the  time  of  the  delivery  of  the 
ballots  cast  in  the  precinct  at  such  election,  and  it  shall  be  un- 
lawful for  any  clerk  or  any  judge  of  election  to  cause  or  allow 
any  marks  or  alterations  to  be  made  in  said  book  while  the  same 
is  in  their  possession,  other  than  a  proper  check  mark  when  a 
ballot  is  cast,  to  indicate  the  party  voting.  (L.  '09,  p.  356, 
§13;  Rem.  &  Bal.,  §4685.) 

CHAPTER  14— PENALTIES 

367.  For  disclosing  questions 

Any  member  of  the  State  Board  of  Education,  any  employe 
of  the  State  of  Washington,  any  county  superintendent  or  any 
employe  of  his  office,  who  shall  directly  or  indirectly  disclose 
any  question  or  questions  prepared  for  the  examination  of  teach- 
ers or  of  eighth  grade  pupils,  or  any  teacher  or  other  person 
connected  with  the  instruction  of  or  the  examination  of  eighth 
grade  pupils,  who  shall,  before  the  time  appointed  for  the  use 
of  the  questions  in  the  examination  of  such  pupils,  disclose  the 
questions,  or  make  known  their  character,  or  who  shall  directly 
or  indirectly  assist  any  such  eighth  grade  pupil  to  answer  any 
question  submitted,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars.  Said  fine 
shall  be  turned  over  to  the  county  treasurer  of  the  county  in 
which  it  is  collected,  and  shall  be  by  him  transmitted  to  the 
State  Treasurer,  who  shall  place  the  same  to  the  credit  of  the 
current  school  fund  of  the  state.  (L.  '09,  p.  357,  §  1 ;  Rem.  & 
Bal.,  §  4686.) 

368.  For  failure  of  county  superintendent  to  report  to  Superintendent 

of  Public  Instruction 

If  any  county  superintendent  fails  to  make  a  full  and  correct 
report  to  the  Superintendent  of  Public  Instruction  of  all  state- 


STATE  OF  WASHINGTON 


175 


ments  required  by  him,  or  if  he  shall  fail  to  file  with  the  Super- 
intendent of  Public  Instruction  a  full  and  correct  annual  re- 
port within  ten  days  after  the  time  prescribed  by  law  for  filing 
said  report,  he  shall  forfeit  the  sum  of  fifty  dollars  from  his 
salary,  and  the  board  of  county  commissioners  are  hereby  au- 
thorized and  required  to  deduct  therefrom  the  sum  aforesaid 
upon  information  from  the  Superintendent  of  Public  Instruc- 
tion that  such  reports  have  not  been  made.  (L.  '09,  p.  357,  §  2 ; 
Rem.  &  Bal.,  §  4687.) 

369.  For  failure  to  pay  over  fines 

Any  officer  or  person  collecting  or  receiving  any  fines,  for- 
feitures or  other  moneys  belonging  to  the  schools  of  the  State 
of  Washington,  or  belonging  to  the  school  fund  of  any  county 
or  school  district  in  this  state,  and  refusing  or  failing  to  pay 
over  the  same,  as  required  by  law,  shall  forfeit  double  the  amount 
so  withheld,  and  interest  thereon  at  the  rate  of  five  per  cent. 
per  month  during  the  time  of  so  withholding  the  same;  and  it 
shall  be  a  special  duty  of  the  county  superintendent  of  schools 
to  supervise  and  see  that  the  provisions  of  this  section  are  fully 
complied  with,  and  report  thereon  to  the  county  commissioners 
semi-annually  or  oftener.  Such  fines  and  penalties,  when  col- 
lected, shall  be  turned  over  to  the  county  treasurer  and  by  him 
transmitted  to  the  State  Treasurer,  who  shall  place  the  same 
to  the  credit  of  the  current  school  fund  of  the  state.  (L.  '09,. 
p.  357,  §  3;  Rem.  &  Bal.,  §  4688.) 

370.  For  failure  to  provide  for  teaching  hygiene 

Upon  complaint  in  writing  being  made  to  any  county  super- 
intendent by  any  district  clerk,  or  by  any  head  of  a  family,  that 
the  board  of  directors  of  the  district  of  which  said  clerk  shall 
hold  his  office,  or  said  head  of  family  shall  reside,  have  failed  to 
make  provisions  for  the  teaching  of  hygiene  or  have  failed  to 
require  it  to  be  taught,  with  special  reference  to  the  effects  of 
alcoholic  drink,  stimulants  and  narcotics  upon  the  human  sys- 
tem, as  provided  by  law,  in  the  common  schools  of  such  districts, 
it  shall  be  the  duty  of  such  county  superintendent  to  investi- 
gate at  once  the  matter  of  such  complaints,  and  if  found  to  be- 


176  CODE  OF  PUBLIC  INSTRUCTION 

true,  he  shall  immediately  notify  the  county  treasurer  of  the 
county  in  which  such  school  district  is  located,  and  after  the 
receipt  of  such  notice  it  shall  be  the  duty  of  such  county  treas- 
urer to  refuse  to  pay  any  warrants  drawn  upon  him  by  the 
board  of  directors  of  such  district  subsequent  to  the  date  of 
such  notice  and  until  he  shall  be  notified  to  do  so  by  such  county 
superintendent.  Whenever  it  shall  be  made  to  appear  to  the 
said  county  superintendent,  and  he  shall  be  satisfied  that  the 
board  of  directors  of  such  district  are  complying  with  the  pro- 
visions of  law  in  this  matter,  and  are  causing  physiology  and 
hygiene  to  be  taught  in  the  public  schools  of  such  district  as 
hereinbefore  provided,  he  shall  notify  said  county  treasurer, 
and  said  treasurer  shall  thereupon  honor  the  warrants  of  said 
board  of  directors.     (L.'  09,  p.  358,  §  4;  Rem.  &  BaL,  §  4689.) 

371.  For  failure  of  county  superintendent  to  enforce  teaching  of  hy- 

giene 

Any  county  superintendent  of  common  schools  who  shall  fail 
or  refuse  to  comply  with  the  provisions  of  the  preceding  section 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  to  be  recov- 
ered in  civil  action  in  the  name  of  the  state  in  any  court  of 
competent  jurisdiction,  and  the  sum  recovered  shall  go  into  the 
state  current  school  fund ;  and  it  shall  be  the  duty  of  the  prose- 
cuting attorneys  of  the  several  counties  of  the  state  to  see  that 
the  provisions  of  this  section  are  enforced.  (L.  '09,  p.  358,  §  5 ; 
Rem.  &  Bal.,  §  4690.) 

372.  For  clerk's  failure  to  make  report 

In  case  the  district  clerk  fails  to  make  the  reports  as  by  law 
provided,  at  the  proper  time  and  in  the  proper  manner,  he  shall 
forfeit  and  pay  to  the  district  the  sum  of  twenty-five  dollars 
for  each  and  every  such  failure.  He  shall  also  be  liable,  if, 
through  such  neglect,  the  district  fails  to  receive  its  just  ap- 
portionment of  school  moneys,  for  the  full  amount  so  lost.  Each 
and  all  of  said  forfeitures  shall  be  recovered  in  a  suit  brought 
by  the  county  superintendent  or  by  any  citizen  of  such  district, 
in  the  name  of  and  for  the  benefit  of  such  district,  and  all  mon- 
eys so  collected  shall  be  paid  over  to  the  county  treasurer  and 


STATE  OF  WASHINGTON  I77 

shall  be  by  him  placed  to  the  credit  of  the  general  fund  of  the 
district  to  which  it  belongs.  (L.  '09,  p.  359,  §  6 ;  Rem.  &  Bal., 
§  4691.) 

373.  For  failure  to  deliver  books  to  successor 

Any  school  officer  who  shall  refuse  or  fail  to  deliver  to  his 
qualified  successor  all  books,  papers,  records  and  moneys  per- 
taining to  his  office,  or  who  shall  wilfully  mutilate  or  destroy 
any  such  property,  or  any  part  thereof,  or  shall  misapply  mon- 
eys entrusted  to  him  by  virtue  of  his  office,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  not  to  exceed  one  hundred  dollars ;  said  fine, 
when  collected,  to  be  turned  over  to  the  county  treasurer  and 
by  him  transmitted  to  the  State  Treasurer,  who  shall  place  the 
same  to  the  credit  of  the  current  school  fund  of  the  state ;  and 
any  director  who  shall  aid  in,  or  give  his  consent  to  the  employ- 
ment of  a  teacher  who  is  not  the  holder  of  a  valid  certificate 
authorizing  him  or  her  to  teach  in  the  public  schools  of  this 
state,  shall  be  personally  liable  to  his  district  for  any  loss  which 
it  may  sustain  by  reason  of  the  employment  of  such  person  not 
lawfully  qualified  to  teach.  (L.  '09,  p.  359,  §  7 ;  Rem.  &  Bal., 
§  4692.) 

374.  For  failure  to  enforce  course  of  study 

Any  teacher  who  wilfully  refuses  or  neglects  to  enforce  the 
course  of  study  or  the  rules  and  regulations  required  by  the 
State  Board  of  Education,  or  by  any  other  lawful  authority, 
shall  not  be  allowed  by  the  directors  any  warrant  for  salary 
due  until  said  teacher  shall  have  complied  with  said  require- 
ments.    (L.  '09,  p.  360,  §  8;  Rem.  &  Bal.,  §  4693.) 

375.  For  maltreatment  of  a  pupil 

Any  teacher  who  shall  maltreat  or  abuse  any  pupil  by  admin- 
istering any  unjust  punishment,  or  who  shall  inflict  punishment 
on  the  head  or  face  of  a  pupil,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  before  any  court  of  com- 
petent jurisdiction  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars.  Said  fine,  when  collected,  shall  be  turned  over 
to  the  county  treasurer  and  by  him  transmitted  to  the  State 


178  CODE  OP  PUBLIC  INSTRUCTION 

Treasurer,  who  shall  place  the  same  to  the  credit  of  the  current 
school  fund  of  the  state.  (L.  '09,  p.  360,  §  9 ;  Rem.  &  Bal., 
§4694.) 

376.  For  failure  to  attend  an  institute 

In  addition  to  other  causes  for  the  revocation  of  teachers' 
certificates  as  provided  by  law,  any  teacher  failing  to  attend 
the  annual  institute  held  in  the  county  in  which  he  is  employed, 
or  the  annual  joint  institute  held  by  the  county  in  which  he  is 
employed  and  another  county  or  other  counties,  unless  for  good 
and  sufficient  reasons  satisfactory  to  the  Superintendent  of 
Public  Instruction,  may  upon  complaint  of  the  superintendent 
of  the  county  in  which  he  is  employed  to  teach  have  any  cer- 
tificate he  may  hold  forfeited  by  order  of  the  Superintendent 
of  Public  Instruction:  Provided,  That  such  forfeiture  shall  be 
duly  published  after  the  said  teacher  shall  have  been  given 
opportunity  to  present  his  reasons  for  such  non-attendance,  and 
after  final  action  thereon.  (L.  '09,  p.  360,  §  10;  Rem.  &  Bal, 
§  4695.) 

377.  For  abusing  a  teacher 

Any  parent,  guardian  or  other  person  who  shall  insult  or 
abuse  a  teacher  in  the  presence  of  his  school,  or  anywhere  on  the 
school  grounds  or  premises,  shall  be  deemed  guilty  of  a  misde- 
meanor and  be  liable  to  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars,  and  said  fine  shall  be  turned  over 
to  the  county  treasurer,  and  by  him  remitted  to  the  State  Treas- 
urer, who  shall  place  the  same  to  the  credit  of  the  current  school 
fund  of  the  state.     (L.  '09,  p.  360,  §  11 ;  Rem.  &  Bal.,  §  4696.) 

378.  For  disturbing  a  school  meeting 

Any  person  who  shall  wilfully  disturb  any  school  or  school 
meeting  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  in  any  sum  not  more  than  fifty  dol- 
lars. Said  fine,  when  collected,  shall  be  turned  over  to  the 
county  treasurer  and  by  him  transmitted  to  the  State  Treas- 
urer, who  shall  place  the  same  to  the  credit  of  the  current  school 
fund  of  the  state.     (L.  '09,  p.  361,  §  IS ;  Rem.  &  Bal.,  §  4697.) 

"Person"  applies  to  and  includes  a  "pupil"  of  such  school  who  was  not  at- 
tending the  school  at  the  time  the  offense  was  committed  and  was  outside  of 
the  school  building:     State  v.  Packenham,  40  Wash.  403. 


STATE  OF  WASHINGTON  I79 

379.  For  false  report  of  the  presence  of  pupils 

Any  teacher,  principal  or  superintendent  who  shall  know- 
ingly report,  cause  to  be  reported,  or  permit  to  be  reported,  the 
presence  of  any  pupil  or  pupils  at  school,  when  such  pupil  or 
pupils  were  absent,  or  when  school  is  not  in  session,  shall  for- 
feit his  certificate  or  subject  it  to  revocation,  and  the  same 
shall  not  be  restored  or  a  new  one  granted  within  one  year  after 
such  forfeiture  or  revocation:  Provided,  That  pupils  who  are 
excused  from  attendance  at  examinations  for  promotion,  having 
completed  their  work  in  accordance  with  the  rules  of  the  board 
of  directors,  shall  be  accredited  with  attendance  during  said 
days  of  examination.  (L.  '09,  p.  361,  §  13;  Rem.  &  Bal., 
§  4698.) 

380.  For  injuring  school  property 

Any  pupil  who  shall  cut,  deface  or  otherwise  injure  any  school 
house,  furniture,  fence  or  outbuilding  thereof,  or  any  book  or 
books  belonging  to  the  district  library,  shall  be  liable  to  sus- 
pension and  punishment,  and  the  parent  or  guardian  of  such 
pupil  shall  be  liable  for  damages,  on  complaint  of  the  teacher 
or  of  any  director  or  other  person  residing  in  the  district;  and 
when  such  damages  shall  have  been  collected  they  shall  be  turned 
over  to  the  county  treasurer  and  by  him  placed  to  the  credit 
of  the  school  district  sustaining  such  damages.  (L.  '09,  p. 
361,  §  14;  Rem.  &  Bal.,  §  4699.) 

381.  For  failure  to  use  adopted  text  books 

Any  district  using  text-books  other  than  those  prescribed 
by  lawful  authority,  or  any  district  failing  to  comply  with  the 
course  of  study  prescribed  by  the  State  Board  of  Education  or 
by  other  lawful  authority,  or  any  district  in  which  warrants 
are  issued  to  a  teacher  not  legally  qualified  to  teach  in  the  com- 
mon school  of  the  said  district,  shall  forfeit  twenty-five  per  cent, 
of  their  school  fund  for  that  or  the  subsequent  year,  and  it  is 
hereby  made  the  duty  of  the  county  superintendent  to  deduct 
said  amount  from  the  apportionment  to  be  made  to  any  dis- 
trict failing  in  either  or  all  of  the  above  requirements,  and  the 
amounts  thus  deducted  shall  revert  to  the  general  school  funds 


180  CODE  OF  PUBLIC  INSTRUCTION 

of  the  state,  and  the  county  treasurer  shall  return  the  same  to 
the  State  Treasurer  for  reapportionment.  (L.  '09,  p.  361,  §15 ; 
Rem.  &  Bal.,  §  4700.) 

Where  a  school  district  refuses  to  follow  the  course  of  study  adopted  by  the 
State  Board  of  Education,  the  publisher  of  the  books  (under  contract  with  the 
state  board)  is  not  entitled  to  relief  by  injunction  unless  materially  damaged  : 
Westland  Publishing  Co.  v.  Royal,  36  Wash.  400. 

382.  For  failure  of  new  district  to  have  one  month  of  school 

Any  new  district  formed  by  the  division  of  an  old  one  and 
which  new  district  shall  have  maintained  at  least  one  month's 
school  during  the  preceding  school  year,  as  shown  by  the  last 
annual  report  of  the  county  superintendent,  on  file  in  the  office 
of  the  Superintendent  of  Public  Instruction,  shall  be  entitled 
to  its  just  share  of  school  moneys  when  the  time  that  school 
was  maintained  in  the  old  district  before  division,  and  in  the  new 
one  after  division,  shall  be  equal  to  at  least  the  minimum  time 
required  by  law  in  the  old  district:  Provided,  That  if  any 
school  district  has  heretofore  failed  to  receive  apportionment  of 
state  school  funds  because  of  a  failure  to  hold  school  the  time 
required  by  law,  and  there  are  unpaid  warrants  drawn  on  the 
general  funds  of  said  district  for  maintenance  of  school  prior  to 
said  failure,  a  special  tax  shall  be  levied  by  the  board  of  county 
commissioners  on  the  property  of  the  district,  the  proceeds  of 
which  tax  shall  be  applied  to  the  payment  of  the  indebtedness. 
(L.  '09,  p.  362,  §  16;  Rem.  &  Bal.,  §  4701.) 

383.  For  false  swearing 

If  any  person  shall  falsely  swear  or  affirm  in  taking  the  oath 
or  making  the  affirmation  herein  prescribed  when  being  regis- 
tered for  voting  in  a  school  district  of  the  first  class,  or  shall 
falsely  personate  another  and  procure  the  person  so  personated 
to  be  registered,  or  if  any  person  shall  represent  his  name  to 
the  secretary  or  officer  of  registration  to  be  different  from  what 
it  actually  is,  and  cause  such  name  to  be  registered,  or  if  any 
person  shall  cause  any  name  to  be  placed  upon  the  register  list 
otherwise  than  in  the  manner  provided  in  this  act,  he  or  she 
shall  be  guilty  of  a  felony,  and  upon  conviction  be  punished  by 
confinement  in  the  penitentiary  not  more  than  five  nor  less  than 
one  year.     (L.  '09,  p.  362,  §  17 ;  Rem.  &  Bal.,  §  4702.) 


STATE  OF  WASHINGTON  181 

CHAPTER  15— APPEALS 

384.  May  appeal  within  thirty  days 

Any  person,  or  persons,  either  severally  or  collectively,  ag- 
grieved by  any  decision  or  order  of  any  school  officer  or  school 
board  may,  within  thirty  days  after  the  rendition  of  such  deci- 
sion or  order,  or  of  the  failure  to  act  upon  the  same  when  prop- 
erly presented,  appeal  the  same  to  the  proper  officer  or  board 
as  hereinafter  provided.  (L.  '09,  p.  362,  §  1 ;  Rem.  &  Bal., 
§  4706.) 

See  notes,  infra,  §  163,  Code  Pub.  Ins. 

If  no  point  is  made  in  the  court  below  on  failure  of  respondent  to  appeal 
from  the  order  of  the  board  of  directors  in  accordance  with  this  section  the 
objection  cannot  be  raised  for  the  first  time  in  the  supreme  court :  Fitzgerald 
v.  School  District,  5  Wash,  112.  114. 

A  school  teacher  before  bringing  suit  against  a  school  district  for  the  alleged 
breach  of  contract  must  appeal  from  the  decision  of  the  board  of  directors  to 
the  county  superintendent :     Van  Dyke  v.  School  District,  43  WTash.  235. 

Where  a  board  of  education  is  by  law  constituted  a  tribunal,  from  which 
there  is  no  appeal,  for  the  trial  of  its  school  officers,  a  member  of  the  board 
who  has  caused  charges  to  be  preferred  against  a  school  superintendent  because 
of  personal  hostility  toward  him,  and  has  announced  a  determination  to  vote 
against  him,  whatever  the  evidence,  is  disqualified  to  sit  as  a  member  of  such 
tribunal  during  the  trial  of  the  superintendent  and,  if  he  attempts  to  participate 
as  a  member  of  the  tribunal,  may  be  restrained  by  the  issuance  of  a  writ  of 
prohibition  :     State  ex  rel.  Barnard  v.  Board  of  Education,  19  Wash.  8. 

385.  Appeals — To  whom  taken 

Appeals  from  the  decision  or  order,  or  from  the  failure  to 
decide  or  order,  by  a  board  of  school  directors  shall  be  taken 
to  the  county  superintendent  of  schools  in  and  for  the  county. 
Appeals  from  the  decision  or  order,  or  the  failure  to  decide  or 
order,  of  a  county  superintendent  of  schools  shall,  when  relat- 
ing to  the  territory  or  boundaries,  or  to  the  adjustment  of  the 
assets  or  liability  of  school  districts,  be  taken  to  the  board  of 
county  commissioners  wherein  the  territory  lies,  but  when  re- 
lating to  the  operation  or  management  of  schools,  or  the  prop- 
erty of  the  school  district  or  to  the  relations  with  teachers  such 
appeal  shall  be  taken  to  the  Superintendent  of  Public  Instruc- 
tion: Provided,  That  in  matters  involving  the  construction  of 
contracts  the  appeal  shall  be  taken  to  the  court  of  the  proper 
resort.     (L.  '09,  p.  363,  §  2;  Rem.  &  Bal.,  §  4707.) 

We  are  of  the  opinion  that  an  appeal  may  be  taken  to  the  board  of  county 
commissioners  L'om  an  order  of  the  county  superintendent  refusing  to  form 
a  new  district. — Lyle. 


182  CODE  OF  PUBLIC  INSTRUCTION 

386.  The  basis  of  appeal 

The  basis  of  appeal  shall  be  an  affidavit  or  affidavits  of  the 
party  aggrieved,  filed  within  the  time  for  the  taking  of  such 
appeal,  setting  forth  in  a  clear  and  concise  manner  the  errors 
complained  of.     (L.  '09,  p.  363,  §  3;  Rem.  &  Bal.,  §  4708.) 

387.  Interested  parties  to  be  notified 

Having  received  the  basis  of  appeal,  as  set  forth  in  the  pre- 
ceding section,  the  officer  to  whom  the  appeal  is  taken  shall  with- 
in ten  days,  and  the  board  of  county  commissioners  shall  at  their 
next  regular  session,  notify  in  writing  the  party  from  whose 
action  the  appeal  is  taken  of  the  taking  of  such  appeal  and  of 
its  nature  and  scope.  Within  twenty  days  after  such  notice  the 
said  party  shall  file  a  complete  transcript,  properly  certified 
to  be  correct,  of  the  record  and  papers  and  proceedings  re- 
lating to  the  decision  complained  of.  Upon  the  filing  of  such 
transcript  notice  shall  be  duly  given  to  all  parties  interested  of 
the  time  and  place  where  the  matter  of  the  appeal  shall  be  heard 
and  determined.     (L.  '09,  p.  363,  §  4;  Rem.  &  Bal.,  §  4709.) 

388.  Hearing  of  the  appeal 

At  the  hearing  of  an  appeal,  properly  presented  in  accord- 
ance with  this  chapter,  the  county  superintendent  or  the  board 
of  county  commissioners,  as  the  case  may  be,  shall  hear  testi- 
mony of  all  parties  interested,  and  for  the  purpose  may  ad- 
minister oaths  if  necessary,  may  summon  witnesses  or  demand 
records  or  certified  copies  of  the  same:  Provided,  That  in  the 
case  of  a  hearing  before  the  board  of  county  commissioners  the 
board  may  hear  the  case  de  novo,  and  in  case  of  a  hearing  on 
appeal  by  the  Superintendent  of  Public  Instruction  no  new  evi- 
dence may  be  admitted.  (L.  '09,  p.  363,  §  5;  Rem.  &  Bal., 
§  4710.) 

389.  Decisions  to  be  final 

In  decisions  of  appeal  by  the  Superintendent  of  Public  In- 
struction and  by  the  board  of  county  commissioners  the  deci- 
sion or  order  shall  be  final  unless  set  aside  by  a  court  of  com- 


STATE  OF  WASHINGTON  183 

petent  jurisdiction  in  an  action  brought  therein  to  review  such 
order  or  decision.     (L.  '09,  p.  364,  §  6;  Rem.  &  Bal.,  §  4711.) 

Where  a  district  within  the  consolidation  takes  an  appeal  to  the  county  com- 
missioners and  it  is  sustained,  the  county  superintendent  should  recognize  such 
separate  district  until  decided  in  the  proper  court. — Lyle. 

No  appeal  lies  from  order  of  county  superintendents  of  counties  forming  a 
joint  school  district :  State  ex  rel.  School  Dists.  25  and  100  v.  Board  of  County 
Commissioners,  30  Wash.  Dec.  304. 

390.  Record  of  appeals 

Decisions  of  appeal  shall  be  made  a  matter  of  record  in  full, 
and  certified  copies  of  the  same  shall  be  made  if  asked  for  by  the 
parties  interested  within  ten  days  of  such  decision.  Notice  cf 
such  decision  of  appeal  shall  be  made  in  writing  to  parties  in- 
terested within  five  days  of  their  rendition.  (L.  '09,  p.  364,  §  7 ; 
Rem.  &  Bal.,  §  4712.) 

391.  Certain  decisions  to  be  reported  to  county  assessor 

In  cases  of  appeal  resulting  in  the  change  of  any  school  dis- 
trict boundaries  the  decision  shall  within  five  days  thereafter  be 
also  certified  by  the  proper  officer  to  the  county  assessor  of  the 
county,  or  to  the  county  assessors  of  the  counties,  wherein  the 
territory  may  lie.     (L.  '09,  p.  364,  §  8 ;  Rem.  &  Bal.,  §  4713.) 

CHAPTER  16— COMPULSORY  SCHOOL  LAW 

392.  Age — Attendance — Excuses 

All  parents,  guardians  and  other  persons  in  this  state  having 
or  who  may  hereafter  have  immediate  custody  of  any  child  be- 
tween eight  and  fifteen  years  of  age  (being  between  the  eighth 
and  fifteenth  birthdays),  or  of  any  child  between  fifteen  and 
sixteen  years  of  age  (being  between  the  fifteenth  and  sixteenth 
birthdays)  not  regularly  and  lawfully  engaged  in  some  useful 
and  remunerative  occupation,  shall  cause  such  child  to  attend 
the  public  school  of  the  district  in  which  the  child  resides,  for 
the  full  time  when  such  school  may  be  in  session,  or  to  attend 
a  private  school  for  the  same  time,  unless  the  superintendent  of 
schools  of  the  district  in  which  the  child  resides,  if  there  be  such 
a  superintendent,  and  in  all  other  cases  the  county  superintend- 
ents of  common  schools,  shall  have  excused  such  child  from  such 
attendance  because  the  child  is  physically  or  mentally  unable 


184  CODE  OP  PUBLIC  INSTRUCTION 

to  attend  school  or  has  already  attained  a  reasonable  profi- 
ciency in  the  branches  required  by  law  to  be  taught  in  the  first 
eight  grades  of  the  public  schools  of  this  state,  as  provided  by 
the  course  of  study  of  such  school,  or  for  some  other  sufficient 
reason.  Proof  of  absence  from  public  school  or  approved  pri- 
vate school  shall  be  prima  facie  evidence  of  a  violation  of  this 
section.     (L.  '09,  p.  364,  §  1 ;  Rem.  &  Bal.,  §  4714.) 

See,  infra,   §§  443,  444,   Code  Pub.   Ins.,   prohibiting  child  labor. 

See,  infra,  §§  479-483,  Code  Pub.  Ins.,  compulsory  education  in  free  govern- 
ment schools. 

Private  school  should  be  approved,  and  the  county  superintendent  is  the 
proper  person  to  make  the  examination  thereof. — Bell. 

It  is  no  defense  to  a  prosecution  for  violating  the  school  law  requiring 
parents  to  cause  their  children  of  school  age  to  attend  the  public  school  of  the 
district  or  a  private  school,  that  the  parent  is  experienced  and  qualified  as  a 
teacher  and  gave  private  instruction  to  his  own  children  at  his  home ;  such 
home  instruction  not  being  attendance  at  a  private  school  within  the  meaning 
of  the  law,  where  he  did  not  maintain  a  private  school  at  his  home  as  de- 
termined by  the  purpose,  intent  and  character  of  the  endeavor  :  State  v.  Cou- 
nort,  69  Wash.  361. 

In  a  law  for  the  compulsory  vaccination  of  all  pupils  attending  the  public 
schools,  an  exception  will  be  presumed  in  favor  of  individuals  whose  health  is 
such  as  to  render  the  operation  dangerous  or  injurious  :  State  ex  rel.  McFadden 
v.  Shorrock,  55  Wash.  209. 

393.     Employment  of  children  under  fifteen  years  of  age  forbidden 

No  child  under  the  age  of  fifteen  years  shall  be  employed 
for  any  purpose  by  any  corporation,  person  or  association  of 
persons  in  this  state  during  the  hours  which  the  public  schools 
of  the  district  in  which  such  child  resides  are  in  session,  unless 
the  said  child  shall  present  a  certificate  from  a  school  superin- 
tendent as  provided  for  in  section  one  of  this  act,  excusing  the 
said  child  from  attendance  in  the  public  schools  and  setting 
forth  the  reason  for  such  excuse,  the  residence  and  age  of  the 
child,  and  the  time  for  which  such  excuse  is  given.  Every  own- 
er, superintendent,  or  overseer  of  any  establishment,  corpora- 
tion, company  or  person  employing  any  such  child  shall  keep 
such  certificate  on  file  so  long  as  such  child  is  employed  by  him, 
her  or  it.  The  form  of  said  certificate  shall  be  furnished  by  the 
Superintendent  of  Public  Instruction.  Proof  that  any  child 
under  fifteen  years  of  age  is  employed  during  any  part  of  the 
period  in  which  public  schools  of  the  district  are  in  session  shall 


STATE  OF  WASHINGTON  185 

be  deemed  prima  facie  evidence  of  a  violation  of  this  section. 
(L.  '09,  p.  365,  §  2;  Rem.  &  Bal.,  §  4715.) 

See  §  2447,  Rem.  &.  Bal.,  certain  employment  prohibited  without  consent  of 
judge. 

The  legal  age  at  which  minors  may  be  employed  in  any  store,  shop,  factory, 
or  any  inside  employment  not  connected  with  farm  or  house  work  is  in  the 
case  of  males  14  years  or  over,  and  in  the  case  of  females  16  years  or  over, 
unless  said  employment  is  authorized  by  an  order  of  the  judge  of  the  superior 
court.  When  public  schools  are  in  session  no  minor  under  the  age  of  15  years 
may  be  employed  without  a  certificate  from  the  superintendent  of  schools. — 
Wilson. 

394.  Penalty 

Any  person  violating  any  of  the  provisions  of  either  of  the  two 
preceding  sections  shall  be  fined  not  more  than  twenty-five  dol- 
lars. Attendance  officers  shall  make  complaint  for  violation  of 
the  provisions  of  this  act  to  a  justice  of  the  peace  or  to  a  judge 
of  the  superior  court.  (L.  '09,  p.  365,  §3;  Rem.  &  Bal., 
§  4716.) 

395.  Attendance  officers — Their  duties 

To  aid  in  the  enforcement  of  this  act,  attendance  officers 
shall  be  appointed  and  employed  as  follows :  In  incorporated 
city  districts  the  board  of  directors  shall  annually  appoint  one 
or  more  attendance  officers.  Any  attendance  officer  may  be  a 
sheriff,  constable,  a  city  marshal,  or  a  regularly  appointed  po- 
liceman. In  all  other  districts  the  county  superintendent  shall 
act  as  attendance  officer,  and  he  shall  also  have  authority  to  ap- 
point one  or  more  assistant  attendance  officers  to  aid  him  in  the 
performance  of  his  duties  as  attendance  officer.  The  compen- 
sation of  attendance  officer  in  such  city  districts  shall  be  fixed 
and  paid  by  the  board  appointing  him.  The  attendance  offi- 
cer shall  be  vested  with  police  powers,  the  authority  to  make 
arrests  and  serve  all  legal  processes  contemplated  by  this  act, 
and  shall  have  authority  to  enter  all  stores,  mills,  shops  or  other 
places  in  which  children  may  be  employed,  for  the  purpose  of 
making  such  investigations  as  may  be  necessary  for  the  en- 
forcement of  this  act.  The  attendance  officer  is  authorized  to 
take  into  custody  the  person  of  any  child  between  eight  and  fif- 
teen years  of  age,  who  may  be  a  truant  from  school,  and  to 
conduct  such  child  to  his  parents,  for  investigation  and  explana- 


IgQ  CODE  OF  PUBLIC  INSTRUCTION 

tion,  or  to  the  school  which  he  should  properly  attend.  The  at- 
tendance officer  shall  institute  proceedings  against  any  officer, 
parent,  guardian,  person,  company  or  corporation  violating 
any  provisions  of  this  act,  and  shall  otherwise  discharge  the  du- 
ties prescribed  in  this  act,  and  shall  perform  such  other  serv- 
ices as  the  superintendent  of  schools  or  the  board  of  directors 
may  deem  necessary.  The  attendance  officer  shall  keep  a  record 
of  his  transactions,  for  the  inspection  and  information  of  the 
board  of  directors  and  the  city  and  county  superintendent,  and 
shall  make  a  detailed  report  to  the  superintendent  of  the  city 
or  of  the  county,  as  often  as  the  same  may  be  required.  (L.  '09, 
p.  365,  §  4;  Rem.  &  Bal.,  §  4717.) 

It  would  seem  that  the  language,  "Any  attendance  officer  may  be  a  sheriff, 
constable,  a  city  marshal,  or  a  regularly  appointed  policeman,"  does  not  mean 
that  the  attendance  officer  must  necessarily  be  a  sheriff,  constable  or  other  of- 
ficer named  therein.  We  do  not  consider  the  word  "may"  as  mandatory  or  even 
directory,  but  simply  as  permissive,  and  it  is  the  opinion  of  this  office  that  the 
attendance  officer  need  not  be  a  sheriff,  constable,  a  city  marshal  or  policeman, 
but  that  any  of  such  officers  may  be  appointed  as  an  attendance  officer  in  the 
discretion  of  the  board  of  directors  in  incorporated  city  districts. — Magill. 

396.     May  arrest  without  warrant 

Any  attendance  officer,  sheriff,  deputy  sheriff,  marshal,  police- 
man, or  any  other  officer  authorized  to  make  arrests  in  the  city 
or  district,  shall  arrest  without  warrant  a  child  who,  under 
the  provisions  of  this  act,  is  required  to  attend  school,  such 
child  then  being  a  truant  from  instruction  at  the  school  which 
he  or  she  is  lawfully  required  to  attend,  shall  forthwith  deliver 
a  child  so  arrested  either  to  the  custody  of  a  person  in  parental 
relation  to  the  child  or  to  the  teacher  from  whom  the  child  is 
then  a  truant,  or,  in  case  of  habitual  or  incorrigible  truants, 
shall  bring  him  or  her  before  a  justice  of  the  peace.  The  justice 
of  the  peace  shall,  if  he  be  convinced  that  the  child  so  arrested 
is  an  habitual  truant  or  that  the  child  is  guilty  of  wilful  and 
continued  disobedience  to  the  school  rules  and  regulations  or 
laws,  or  that  the  conduct  of  the  child  is  pernicious  and  injuri- 
ous to  the  school,  bind  the  child  over  to  the  superior  court  with 
a  view  of  his  commitment  to  the  State  Reform  School  or  other 
school  for  incorrigibles.  (L.  '09,  p.  366,  §  5 ;  Rem.  &  Bal., 
§  4718.) 


STATE  OF  WASHINGTON 


187 


397.  Census  report 

It  shall  be  the  duty  of  the  district  clerk  or  secretary,  at  the 
beginning  of  each  school  year,  to  provide  the  teacher  with  a  copy 
of  the  last  census  of  school  children  taken  in  his  school  district : 
Provided,  That  if  there  be  a  principal  or  city  superintendent 
in  such  district,  the  clerk  or  secretary  shall  make  such  census 
report  to  him,  and  it  shall  be  the  duty  of  every  teacher  to  re- 
port to  the  proper  truant  officer  all  cases  of  truancy  or  incor- 
rigibility in  his  or  her  school,  immediately  after  the  offense  or 
offenses  shall  have  been  committed:  Provided  further,  That  if 
there  be  a  principal,  the  report  shall  be  made  to  him  and  by  him 
transmitted  to  the  truant  officer:  And  provided  further,  That 
if  there  be  a  city  superintendent,  the  principal  shall  transmit 
such  report  to  said  city  superintendent,  who  shall  transmit  such 
report  to  the  proper  truant  officer  of  his  district.  (L.  '09,  p. 
367,  §  6 ;  Rem.  &  BaL,  §4719.) 

398.  Concurrent  jurisdiction 

In  cases  arising  under  this  act  all  justices'  courts,  municipal 
courts  and  superior  courts  in  the  State  of  Washington  shall 
have  concurrent  jurisdiction.  (L.  '09,  p.  367,  §7;  Rem.  & 
Bal.,  §  4720.) 

399.  The  county  attorney  shall  prosecute 

The  county  attorney  shall  act  as  attorney  for  the  complainant 
in  all  court  proceedings  relating  to  the  compulsory  attendance 
of  children  as  required  by  this  act.  (L.  '09,  p.  367,  §  8 ;  Rem. 
&  Bal.,  §  4721.) 

400.  Notice  by  county  superintendent 

The  county  superintendent  shall  on  or  before  the  15th  day  of 
August  of  each  year,  by  printed  circular  or  otherwise,  call  the 
attention  of  all  school  district  officers  to  the  provisions  of  this 
act,  and  to  the  penalties  prescribed  for  the  violation  of  its  pro- 
visions, and  he  or  she  shall  require  the  clerk  of  every  school  dis- 
trict to  make  a  report  annually  hereafter,  to  him  or  her,  veri- 
fied by  affidavit,  stating  whether  or  not  the  provisions  of  this 
act  have  been  faithfully  complied  with  in  his  district.  Such 
reports  shall  be  made  upon  blanks  to  be  furnished  by  the  Su- 


188  CODE  OF  PUBLIC  INSTRUCTION 

perintendent  of  Public  Instruction  and  shall  be  transmitted  to 
the  county  superintendent  at  the  time  the  district  clerk  is  re- 
quired to  make  his  annual  report  to  the  county  superintendent. 
Any  district  clerk  who  shall  knowingly  or  wilfully  make  a  false 
report  relating  to  the  enforcement  of  the  provisions  of  this  act 
or  fail  to  report  as  herein  provided  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  in  a  court  of  competent  juris- 
diction shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars ;  and  any  district  clerk  who  shall  re- 
fuse or  neglect  to  make  the  report  required  in  this  section  shall 
be  personally  liable  to  his  district  for  any  loss  which  it  may 
sustain  because  of  such  neglect  or  refusal  to  report.  (L.  '09, 
p.  367,  §  9;  Rem.  &  Bal.,  §  4722.) 

401.  Penalty 

Any  superintendent,  teacher  or  attendance  officer,  who  shall 
fail  or  refuse  to  perform  the  duties  prescribed  by  this  act  shall 
be  deemed  guilty  of  a  misdemeanor  and,  upon  conviction  there- 
of, be  fined  not  less  than  twenty  nor  more  than  one  hundred 
dollars :  Provided,  That  in  case  of  a  district  officer,  such  fine 
shall  be  paid  to  the  county  treasurer  and  by  him  placed  to  the 
credit  of  the  school  district  in  which  said  officer  resides,  and  in 
case  of  other  officers  such  fine  shall  be  paid  to  the  county  treas- 
urer and  by  him  placed  to  the  credit  of  the  general  school  fund 
of  the  county.     (L.  '09,  p.  368,  §  10;  Rem.  &  Bal.,  §  4723.) 

402.  Fines  applied  to  support  of  schools 

All  fines  except  as  otherwise  provided  in  this  act  shall  inure 
and  be  applied  to  the  support  of  the  public  schools  in  the  dis- 
trict where  such  offense  was  committed.  (L.  '09,  p.  368,  §  11; 
Rem.  &  Bal.,  §  4724.) 

403.  Officers  not  liable  for  costs 

No  officer  performing  any  duty  under  any  of  the  provisions 
of  this  act,  or  under  the  provisions  of  any  rules  that  may  be 
passed  in  pursuance  hereof,  shall  in  any  wise  become  liable  for 
any  costs  that  may  accrue  in  the  performance  of  any  duty  pre- 
scribed by  this  act.    (L.  '09,  p.  368,  §  12 ;  Rem.  &  Bal.,  §  4725.) 


STATE  OF  WASHINGTON  Igg 

CHAPTER  17— GRAMMAR  SCHOOL  EXAMINATIONS 

404.  Duties  of  Superintendent  of  Public  Instruction 

It  shall  be  the  duty  of  the  Superintendent  of  Public  In- 
struction at  such  times  as  he  may  deem  it  advisable,  but  not 
oftener  than  three  times  each  year,  to  forward  questions  pre- 
pared by  the  State  Board  of  Education  for  use  in  the  examina- 
tion of  pupils  having  completed  the  grammar  school  course  of 
study,  to  fix  the  date  for  such  examination,  and  to  grant  cer- 
tificates of  promotion  to  pupils  sucessfully  passing  such  ex- 
amination according  to  the  standard  prescribed  by  the  State 
Board  of  Education :  Provided,  That  such  certificate  shall  en- 
title the  holder  thereof  to  entrance  into  any  high  school  of  the 
state  without  further  examination:  Provided  further,  That 
nothing  in  this  act  shall  be  construed  as  compelling  boards  of 
directors  to  admit  non-resident  pupils  without  tuition  charge. 
(L.  '09,  pp.  368,  §  1 ;  Rem.  &  Bal.,  §  4731.) 

405.  County  superintendent  may  appoint  assistant  examiners 

It  shall  be  the  duty  of  the  county  board  of  education  to  ex- 
amine and  grade  the  manscripts  of  the  pupils  who  take  the  ex- 
aminations mentioned  in  section  one  (1)  of  this  chapter.  The 
county  superintendent  may  appoint  assistant  examiners,  who 
shall  conduct  such  examinations  of  pupils  according  to  the  rules 
and  regulations  of  the  State  Board  of  Education,  and  within 
three  days  transmit  the  manuscripts  to  the  county  superintend- 
ent. Assistant  examiners  shall  receive  three  dollars  per  day, 
to  be  paid  in  the  same  manner  as  the  regular  board.  (L.  '09, 
p.  369,  §  2;  Rem.  &  Bal.,  §  4732.) 

406.  County  board  of  education  to  grade  manuscripts 

It  shall  be  the  duty  of  the  county  board  of  education  to  meet 
at  the  county  seat  at  the  call  of  the  county  superintendent  for 
the  purpose  of  examining  and  grading  the  manuscripts  of  pu- 
pils taking  such  examinations  under  the  direction  of  any  assist- 
ant examiner  or  of  the  county  superintendent.  No  questions 
shall  be  used  in  such  examination  except  those  prepared  by  the 
State  Board  of  Education  as  provided  in  section  one  (1)  of 
this  chapter:     Provided,  That  the  State  Board  of  Education 


190  CODE  OP  PUBLIC  INSTRUCTION 

may  prescribe  a  special  course  of  reading  to  be  done  by  pupils 
in  the  last  year  of  the  grammar  school  course,  as  a  requisite  to 
their  receiving  certificates  of  graduation.  (L.  '09,  p.  369,  §  3 ; 
Rem.  &  Bal.,  §  4733.) 

407.  County  superintendent  to  report 

It  shall  be  the  duty  of  the  county  superintendent  to  report 
to  the  Superintendent  of  Public  Instruction,  within  ten  days 
after  any  meeting  of  the  county  board  of  education,  the  names 
of  all  pupils  successfully  passing  any  examination,  as  herein 
provided,  together  with  their  respective  standings  or  grades  in 
the  several  prescribed  subjects  and  such  other  facts  relating  to 
said  pupils  or  said  examination  as  the  Superintendent  of  Pub- 
lic Instruction  may  require.  (L.  '09,  p.  369,  §  4;  Rem.  &  Bal., 
§  4734.) 

CHAPTER  18— HIGH  SCHOOL  EXTENSION  EXAMINATIONS 

408.  State  board  to  outline  course 

The  State  Board  of  Education  shall  outline  a  course  of  read- 
ing and  study  similar  to  a  course  of  study  required  in  a  full 
four-year  high  school  course,  and  shall  provide  for  the  exam- 
ination and  certification  of  those  taking  or  completing  such 
course.  Examinations  for  this  purpose  shall  be  held  at  the 
same  time  and  place  of  holding  examinations  for  teachers'  cer- 
tificates, and  in  such  form  to  fully  test  the  students'  knowledge 
of  the  subject  or  subjects  examined  in.  Any  one  or  more  sub- 
jects may  be  taken  at  any  such  examination  and  a  student  fail- 
ing in  any  sub j  ect  may  again  be  examined  in  such  subj  ect  at  any 
subsequent  examination :  Provided,  Each  year's  work  of  a  lower 
grade  must  be  completed  before  a  student  shall  be  permitted  to 
complete  the  work  of  a  higher  year.  Such  examination  shall  be 
intended  only  for  those  not  taking  a  full  course  in  the  same 
subject  in  a  regular  high  school,  and  no  person  shall  be  ad- 
mitted to  any  such  examination  unless  he  shall  have  given  to 
the  county  superintendent  notice  of  his  intention  to  take  such 
examination  and  the  subjects  in  which  he  desires  to  be  exam- 
ined at  least  thirty   days  before  the   examination,   and   obtain 


STATE  OF  WASHINGTON  191 

permission  from  such  superintendent  to  take  such  examination. 
(L.  '09,  p.  370,  §  1 ;  Rem.  &  Bal.,  §  4735.) 

409.  Questions  and  examinations 

The  questions  for  such  examination  shall  be  prepared  by  the 
State  Board  of  Education,  and  shall  be  furnished  to  the  State 
Superintendent  of  Public  Instruction,  who  shall  cause  the  same 
to  be  printed  and  distributed  to  the  several  county  superin- 
tendents upon  request  therefor  the  same  as  the  questions 
for  teachers'  examinations  are  printed  and  distributed.  The 
manuscripts  containing  the  answers  of  applicants  shall  be  re- 
turned to  the  Superintendent  of  Public  Instruction,  to  be  marked 
and  graded  by  him,  and  who  shall  issue  certificates  to  those 
who  have  the  required  percentage  in  the  various  branches  which 
shall  be  fixed  by  the  State  Board  of  Education.  (L.  '09,  p.  370, 
§2;  Rem.  &  Bal.,  §4736.) 

410.  Certificates  to  be  issued 

Upon  the  completion  of  the  full  course  as  outlined  by  the 
State  Board  of  Education,  a  state  high  school  certificate  shall 
be  issued  to  the  applicant  by  the  said  board  and  such  certifi- 
cate shall  entitle  the  holder  thereof  to  enter  the  freshman  class 
of  the  State  University  or  to  enter  any  other  class  in  the  other 
state  educational  institutions  as  may  be  specified  by  the  State 
Board  of  Education.  (L.  '09,  p.  371,  §3;  Rem.  &  Bal., 
§  4737.) 

CHAPTER    19— KINDERGARTENS 

411.  How  established  in  districts  of  the  first  and  the  second  class 
The  board  of  directors  of  any  school  districts  of  the  first  and 

second  classes  shall  have  power  to  establish  and  maintain  free 
kindergartens  in  connection  with  the  common  schools  of  said 
districts  for  the  instruction  of  children  between  the  ages  of  four 
and  six  years,  residing  in  said  district,  and  shall  establish  such 
courses  of  training,  study  and  discipline  and  such  rules  and  reg- 
ulations governing  such  kindergartens  as  said  board  may  deem 
best.     (L.  '11,  p.  382,  §  1.) 

See,  supra,  §  191,  subdiv.  4,  Code  Pub.  Ins.,  kindergartens  in  districts  of  first 
class. 


!92  CODE  OF  PUBLIC  INSTRUCTION 

412.  Shall  be  part  of  public  school  system 

Kindergartens  established  under  this  act  shall  be  a  part  of 
the  public  school  system  and  under  the  control  and  supervision 
of  the  regular  officers  who  have  charge  of  the  public  schools- of 
the  state:  Provided,  That  nothing  in  this  act  shall  be  con- 
strued to  change  the  law  relating  to  the  taking  of  the  census  of 
the  school  population  or  the  apportionment  of  state  and  county 
funds.     (L.  '09,  p.  371,  §  2;  Rem.  &  Bal.,  §  4739.) 

413.  Expense  to  be  paid  from  general  fund 

The  cost  of  establishing  and  maintaining  such  kindergartens 
shall  be  paid  from  the  general  fund  of  the  district.  (L.  '11,  p. 
382,  §  3.) 

414.  Teachers  to  hold  diplomas  or  certificates 

Kindergarten  teachers  and  supervisors  shall  have  diplomas 
or  certificates  from  some  accredited  kindergarten  training 
school,  from  the  kindergarten  department  of  a  state  normal 
school  of  this  state  or  of  a  normal  school  whose  kindergarten 
department  is  accedited  by  the  State  Board  of  Education.  (L. 
'09,  p.  371,  §  4;  Rem.  &  Bal.,  §  4741.) 

CHAPTER  20— TAKING  OF  PRIVATE  PROPERTY  FOR  SCHOOL 
HOUSE   SITES 

415.  School  districts  may  take  and  acquire  title 

Whenever  any  school  district  shall  select  any  real  estate  as  a 
site  for  a  school  house,  or  as  additional  grounds  to  an  existing 
school  house  site,  within  the  district,  and  the  board  of  school 
directors  of  such  district  and  the  owner  or  owners  of  the  site 
or  any  part  thereof,  or  addition  thereto  selected,  shall  be  un- 
able to  agree  upon  the  compensation  to  be  paid  by  such  school 
district  to  the  owner  or  owners  thereof,  such  school  district 
shall  have  the  right  to  take  and  acquire  title  to  such  real  estate 
for  use  as  a  school  house  site  or  additional  site,  upon  first  pay- 
ing to  the  owner  or  owners  thereof  therefor  the  value  thereof,  to 
be  ascertained  in  the  manner  hereinafter  provided.  (L.  '09,  p. 
372,  §  1;  Rem.  &  Bal.,  §906.) 

A  county  may  take  school  property  for  public  use,  but  the  showing  would 
have  to  be  to  the  effect  that  the  new  use  was  more  important  to  the  public  than 
the  old  use. — Lyle. 


STATE  OP  WASHINGTON  I93 

416.  Petition  to  superior  court 

The  board  of  directors  of  the  school  district  shall  present  to 
the  superior  court  of  the  State  of  Washington  in  and  for  the 
county  wherein  is  situated  the  real  estate  desired  to  be  acquired 
for  school  house  site  purposes,  a  petition,  reciting  that  the  board 
of  directors  of  such  school  district  have  selected  certain  real  es- 
tate, describing  it,  as  a  school  house  site,  or  as  additional 
grounds  to  an  existing  site,  for  such  school  district;  that  the 
site  so  selected,  or  some  part  thereof,  describing  it,  belongs  to  a 
person  or  persons,  naming  him  or  them ;  that  such  school  district 

has  offered  to  give  the  owner  or  owners  thereof  therefor 

dollars,  and  that  the  owner  of  such  real  estate  has  refused  to  ac- 
cept the  same  therefor ;  that  the  board  of  school  directors  of  such 
school  district  and  the  said  owner  or  owners  of  such  real  estate 
are  unable  to  agree  upon  the  compensation  to  be  paid  by  such 
school  district  to  the  owner  or  owners  of  such  real  estate  there- 
for, and  praying  that  a  jury  be  empaneled  to  ascertain  and 
determine  the  compensation  to  be  made  in  money  by  such  school 
district  to  such  owner  or  owners  for  the  taking  of  such  real  es- 
tate for  the  use  as  a  school  house  site  for  such  school  district ; 
or  in  case  a  jury  be  waived  in  the  manner  provided  by  law  in 
other  civil  actions  in  courts  of  record,  then  that  the  compensa- 
tion to  be  made  as  aforesaid  be  ascertained  and  determined  by 
the  court,  or  judge  thereof.  (L.  '09,  p.  372,  §  2;  Rem.  &  Bal., 
§  907.) 

417.  Notice  of  petition 

A  notice,  stating  the  time  and  place,  when  and  where  such 
petition  shall  be  presented  to  the  court,  or  the  judge  thereof, 
together  with  a  copy  of  such  petition,  shall  be  served  on  each 
and  every  person  named  therein  as  owner,  or  otherwise  inter- 
ested therein,  at  least  ten  days  previous  to  the  time  designated 
in  such  notice  for  the  presentation  of  such  petition.  Such  no- 
tice shall  be  signed  by  the  prosecuting  attorney  of  the  county 
wherein  the  real  estate  sought  to  be  taken  is  situated,  and  may 
be  served  in  the  same  manner  as  summons  in  a  civil  action  in 

—7  ... 


194  CODE  OF  PUBLIC  INSTRUCTION 

such  superior  court  is  authorized  by  law  to  be  served.     (L.  '09, 
p.  373,  §  3 ;  Rem.  &  Bal.,  §  908.) 

418.  Adjournment  of  proceedings 

The  court  may,  upon  application  of  the  peitioner  or  of  any 
owner  of  said  real  estate,  or  any  person  interested  therein,  for 
reasonable  cause  adjourn  the  proceedings  from  time  to  time, 
and  may  order  new  or  further  notice  to  be  given  to  any  party 
whose  interests  may  be  affected  by  such  proceedings.  (L.  '09, 
p.  373,  §  4;  Rem.  &  Bal.,  §  909.) 

419.  Findings  of  court 

At  the  time  and  place  appointed  for  the  hearing  of  such  peti- 
tion, or  to  which  the  same  may  have  been  adjourned,  if  the  court 
shall  find  that  all  parties  interested  in  such  real  estate  sought  to 
be  taken  have  been  duly  served  with  notice  and  a  copy  of  the 
petition  as  above  described,  and  shall  further  find  that  such  real 
estate  sought  to  be  taken  is  required  and  necessary  for  the  pur- 
poses of  a  school  house  site,  or  as  an  addition  to  a  school  house 
site,  for  such  school  district,  the  court  shall  make  an  order  recit- 
ing such  findings,  and  shall  thereupon  set  the  hearing  of  such 
petition  down  for  trial  by  a  jury,  as  other  civil  actions  are  tried, 
unless  a  jury  is  waived  in  the  manner  provided  by  law  in  other 
civil  actions.     (L.  '09,  p.  373,  §  5;  Rem.  &  Bal.,  §  910.) 

420.  Jury — Number  of  persons 

The  jury  impaneled  to  hear  the  evidence  and  determine  the 
compensation  to  be  paid  to  the  owner  or  owners  of  such  real 
estate  desired  for  such  school  house  site  purpose  shall  consist  of 
twelve  persons,  unless  a  less  number  be  agreed  upon,  and  shall  be 
selected,  impaneled  and  sworn  in  the  same  manner  that  juries  in 
other  civil  actions  are  selected,  impaneled  and  sworn :  Provided, 
A  juror  may  be  challenged  for  cause  on  the  ground  that  he  is  a 
taxpayer  of  the  district  seeking  the  condemnation  of  any  real 
estate.     (L.  '09,  p.  373,  §  6;  Rem.  &  Bal.,  §  911.) 

421.  Superior  court  judge  to  preside 

A  judge  of  the  superior  court  shall  preside  at  the  trial  and  wit- 
nesses may  be  examined  in  behalf  of  either  party  to  the  proceed- 


STATE  OF  WASHINGTON  I95 

ings,  as  in  other  civil  actions,  and  upon  the  request  of  all  the 
parties  interested  in  such  proceedings  the  court  shall  cause  the 
jury  impaneled  to  hear  the  same,  to  view  the  premises  sought  to 
be  taken,  and  upon  the  request  of  any  less  number  of  the  persons 
interested  in  the  proceedings,  the  court  may  cause  the  jury  to 
view  the  premises,  pending  the  hearing  of  the  case.  (L.  '09, 
p.  374,  §  7;  Rem.  &  Bal.,  §  912.) 

422.  Court  to  instruct  jury 

Upon  the  close  of  the  evidence,  and  the  argument  of  counsel, 
the  court  shall  instruct  the  jury  as  to  the  matters  submitted  to 
them,  and  the  law  pertaining  thereto,  whereupon  the  jury  shall 
retire  and  deliberate  and  determine  upon  the  amount  of  compen- 
sation in  money  that  shall  be  paid  to  the  owner  or  owners  of  the 
real  estate  sought  to  be  taken  for  such  school  house  site  purposes 
therefor,  which  shall  be  the  amount  found  by  the  jury  to  be  the 
fair  and  full  value  of  such  premises;  and  when  the  jury  shall 
have  determined  upon  their  verdict,  they  shall  return  the  same 
to  the  court  as  in  other  civil  actions.  (L.  '09,  p.  374,  §  8;  Rem. 
&  Bal.,  §  913.) 

Rem.  &  Bal.  §  913,  providing  that,  upon  the  condemnation  of  a  school  site, 
the  compensation  to  be  paid  the  owner  shall  be  the  fair  and  full  value  of  the 
premises  does  not  limit  the  recovery  to  the  naked  value  of  the  land,  in  vio- 
lation of  the  constitutional  requirement  requiring  payment  of  the  value  of  the 
land  taken  and  for  any  depreciation  of  the  land  not  taken ;  since  the  statute 
is  directory  and  contains  no  words  of  limitation  confining  the  jury  to  the  value 
of  the  land  taken  alone :  State  ex  rel.  School  District  No.  56  v.  Superior  Court, 
69  Wash.  189. 

423.  The  verdict 

When  ten  of  the  jurors  agree  upon  a  verdict,  the  verdict  so 
agreed  upon  shall  be  signed  by  the  foreman,  and  the  verdict  so 
agreed  upon  shall  be  and  stand  as  the  verdict  of  the  jury.  (L. 
'09,  p.  374,  §  9;  Rem.  &  Bal.,  §  914.) 

424.  Compensation,  when  jury  is  waived 

In  case  a  jury  is  waived,  the  compensation  that  shall  be  paid 
for  the  premises  taken  shall  be  determined  by  the  court  and  the 
proceedings  shall  be  the  same  as  in  the  trial  of  issues  of  fact  by 
the  court  in  other  civil  actions.  (L.  '09,  p.  374,  §  10;  Rem.  & 
Bal.,  §  915.) 


196  CODE  OF  PUBLIC  INSTRUCTION 

425.  Entry  of  judgment,  etc. 

Upon  the  verdict  of  the  jury,  or  upon  the  determination  by 
the  court  of  the  compensation  to  be  paid  for  the  property  sought 
to  be  taken  as  herein  provided,  judgment  shall  be  entered  against 
such  school  district  in  favor  of  the  owner  or  owners  of  the  real 
estate  sought  to  be  taken,  for  the  amount  found  as  compensa- 
tion therefor,  and  upon  the  payment  of  such  amount  by  such 
school  district  to  the  clerk  of  such  court  for  the  use  of  the  owner 
or  owners  of,  and  the  persons  interested  in  the  premises  sought 
to  be  taken,  the  court  shall  enter  a  decree  of  appropriation  of 
the  real  estate  sought  to  be  taken,  thereby  vesting  the  title  to 
the  same  in  such  school  district;  and  a  certified  copy  of  such 
decree  of  appropriation  may  be  filed  in  the  office  of  the  county 
auditor  of  the  county  wherein  the  real  estate  taken  is  situated, 
and  shall  be  recorded  by  such  auditor  like  a  deed  of  real  estate, 
and  with  like  effect.  The  money  so  paid  to  the  clerk  of  the  court 
shall  be  by  him  paid  to  the  person  or  persons  entitled  thereto, 
upon  the  order  of  the  court.  (L.  '09,  p.  374,  §  11 ;  Rem.  & 
Bal.,  §  916.) 

426.  Costs 

All  the  costs  of  such  proceedings  in  the  superior  court  shall 
be  paid  by  the  school  district  initiating  such  proceedings.  (L. 
'09,  p.  375,  §  12;  Rem.  &  Bal.,  §  917.) 

427.  Appeal. 

Either  party  may  appeal  from  the  judgment  for  compensaT 
tion  awarded  for  the  property  taken,  entered  in  the  superior 
court,  to  the  supreme  court  of  the  state  within  sixty  days  after 
the  entry  of  the  judgment,  and  such  appeal  shall  bring  before 
the  supreme  court  the  justness  of  the  compensation  awarded  for 
the  property  taken,  and  any  error  occurring  on  the  hearing  of 
such  matter,  prejudicial  to  the  party  appealing:  Provided, 
however,  That  if  the  owner  or  owners  of  the  land  taken  accepts 
the  sum  awarded  by  the  jury  or  court,  he  or  they  shall  be 
deemed  thereby  to  have  waived  their  right  of  appeal  to  the  su- 
preme court.     (L.  '09,  p.  375,  §  13;  Rem.  &  Bal.,  §  918.) 


STATE  OP  WASHINGTON  I97 

428.  Possession  of  premises 

An  appeal  from  such  judgment  by  the  owner  or  owners  of  the 
land  sought  to  be  taken,  shall  not  have  the  effect  to  preclude  the 
school  district  from  taking  possession  of  the  premises  sought, 
pending  the  appeal,  provided  the  amount  of  the  judgment 
against  the  school  district  shall  have  been  paid  in  to  the  clerk 
of  the  court,  as  hereinbefore  provided.  (L.  '09,  p.  375,  §  14.) 
Rem.  &  Bal.,  §  919.) 

429.  Plaintiff  and  defendants 

In  all  proceedings  under  this  act  the  school  district  seeking  to 
acquire  title  to  real  estate  for  a  school  house  site,  shall  be  denomi- 
nated plaintiff,  and  all  other  persons  interested  therein  shall  be 
denominated  defendants ;  and  in  all  such  proceedings  the  clerk 
of  the  superior  court  wherein  any  such  proceeding  is  brought 
shall  charge  nothing  for  his  services,  except  in  taking  an  ap- 
peal from  the  judgment  entered  in  the  superior  court.  (L.  '09, 
p.  375,  §  15;  Rem.  &  Bal.,  §  920.) 

CHAPTER  21— PROHIBITING  SALE  OF  INTOXICATING  LIQUORS 

WITHIN  PRESCRIBED  LIMITS  OP  STATE  EDUCATIONAL 

INSTITUTIONS 

430.  Two  thousand  feet  from  institution 

That  it  shall  be  unlawful  to  sell  or  in  any  way  dispose  of  any 
vinous,  spiritous,  malt  or  other  intoxicating  liquors,  with  or 
without  a  license,  within  two  thousand  (2,000)  feet  of  any  nor- 
mal school,  agricultural  college,  reform  school,  or  state  school 
for  defective  youth,  now  established  or  which  may  hereafter  be 
legally  established  within  the  State  of  Washington:  Provided, 
That  nothing  in  this  act  shall  be  construed  to  affect  in  any 
way  the  provisions  of  "An  act  prohibiting  the  sale  of  intoxicat- 
ing liquors  on  or  near  the  grounds  of  the  University  of  Wash- 
ington," approved  March  19,  1895.  (L.  '09,  p.  376,  §  1 ;  Rem. 
&  Bal.,  §  4744.) 

See,  infra,  §  475,  Code  Pub.  Ins.,  sale  of  liquors  on  university  grounds. 

This  also  includes  sales  by  druggists  within  the  restricted  district  as  ex- 
ceptions cannot  be  made  by  construction  where  the  language  is  plain  and  un- 
equivocal :     State  v.  Pomeroy,  68  Wash.  389. 


198  C0DE  0F  PUBLIC  INSTRUCTION 

431.  Penalty 

Any  person  or  persons  violating  the  provisions  of  this  act 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  in  any  court  of  competent  jurisdiction  shall  be  punished 
by  a  fine  of  not  less  than  two  hundred  (200)  dollars,  nor  more 
than  one  thousand  (1,000)  dollars,  or  by  both  such  fine  and  im- 
prisonment.    (L.  '09,  p.  376,  §  2;  Rem.  &  Bal.,  §  4745.) 

TITLE  IV 

CHAPTER  1— DESIGNATION  AND  INTENT  OF  ACT  AND 
REPEALING  CLAUSE 

432.  Official  title 

This  act  shall  be  known  and  cited  as  the  Code  of  Public  In- 
struction of  the  State  of  Washington.  (L.  '09,  p.  376,  §  1 ; 
Rem.  &  Bal.,  §  4746.) 

"Act"  refers  to  chapter  97  of  the  Laws  of  1909. 

433.  Intention  of  act 

This  act  is  intended  to  be  and  is  amendatory  of,  and  a  re- 
codification as  amended  of,  all  laws  relating  to  the  public  school 
system  of  the  state  of  Washington.  (L.  '09,  p.  376,  §  2 ;  Rem. 
&  Bal.,  §  4747.) 

434.  Repealing  clause 

All  acts  and  parts  of  acts  inconsistent  with  or  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed.  (L.  '09,  p.  376, 
§3.) 


STATE  OF  WASHINGTON  199 


MISCELLANEOUS  LAWS  RELATING  TO  SGHOOLS 


PUBLICATION  OF  ESTIMATES  OF  SCHOOL  EXPENSES 

435.  Detailed  estimates  of  expenditures 

It  shall  be  the  duty  of  county  commissioners,  city  and  town 
councils,  and  school  directors  of  school  districts  lying  wholly, 
or  in  part,  within  the  limits  of  any  incorporated  city  or  town, 
on  or  before  the  first  Monday  in  September  of  each  year,  to 
make  estimates  of  the  amount  required  to  meet  the  public  ex- 
pense for  the  ensuing  year,  and  to  be  raised  by  taxation  in  such 
county,  city,  town,  road,  school  or  other  taxing  district.  Such 
estimates  shall  be  fully  itemized,  showing  under  separate  heads 
the  amount  required  for  each  department,  public  office,  public 
official,  for  each  public  improvement,  for  the  maintenance  of  each 
public  building,  structure,  or  institution,  the  salary  of  each 
public  officer  or  employe,  the  maintenance  of  public  highways, 
roads,  streets,  bridges,  the  construction,  operation  and  main- 
tenance of  each  public  utility,  and  shall  contain  a  full  and  com- 
plete disclosure  and  statement  of  the  contemplated  expenditures 
for  the  ensuing  year,  showing  the  amount  proposed  to  be  ex- 
pended from  each  separate  fund,  and  the  total  amount  of  public 
expense.  Said  statement  shall  also  contain  an  estimate  of  the 
receipts  for  the  ensuing  year  from  sources  other  than  direct 
taxation,  and  the  amount,  or  amounts,  proposed  to  be  raised  by 
taxation  upon  the  real  and  personal  property  of  such  county, 
city,  town,  road,  school,  or  other  taxing  district.  (L.  '09,  p. 
531,  §  1 ;  Rem.  &  Bal.,  §  9208.) 

Note  :  This  chapter  applies  only  to  school  districts  of  the  first  or  the  second 
class. 

In  making  the  tax  levy  for  the  ensuing  year  the  officers  cannot  exceed  the 
amount  estimated. — Ltle. 

436.  Publication  of  estimate 

The  estimates  required  in  section  one  (1)  of  this  act,  together 
with  a  notice  that  such  board  of  county  commissioners,  city  or 
town  council,  or  board  of  school  directors,  will  meet  on  the  first 


200  CODE  OP  PUBLIC  INSTRUCTION 

Monday  in  October  for  the  purpose  of  making  tax  levies,  as 
stated  in  said  estimates,  and  naming  the  time  and  place  of  hold- 
ing such  meeting,  shall  be- published  for  at  least  two  (2)  con- 
secutive weeks  following  the  adoption  of  such  estimates  as  fol- 
lows:  Estimates  of  expenditures,  required  to  be  disbursed  by 
county  commissioners,  shall  be  published  in  the  official  news- 
paper of  the  county,  if  there  be  one ;  if  not,  then  in  a  newspaper 
of  general  circulation  in  such  county.  All  other  estimates  shall 
be  published  in  a  newspaper  of  general  circulation  in  such  coun- 
ty, town,  school,  or  other  taxing  district.  (L.  '09,  p.  531,  §  2; 
Rem.  &Bal.,  §9209.) 

See,  supra,  §  281,  Code  Pub.  Ins.    time  of  levying  state  school  tax. 

437.  Public  hearing 

It  shall  be  the  duty  of  county  commissioners,  city  and  town 
councils,  and  of  school  directors  of  school  districts,  lying  wholly, 
or  in  part,  within  the  limits  of  any  incorporated  city  or  town,  to 
meet  on  the  first  Monday  in  October,  and  at  the  time  and  place 
designated  in  said  notice,  when  and  where  any  taxpayer  who 
may  appear  shall  be  heard  in  favor  or  against  any  proposed 
tax  levies.  When  such  hearing  shall  have  been  concluded,  such 
county  commissioners,  city  or  town  councils,  and  school  directors 
shall  proceed  to  make,  determine,  and  decide  the  amount  of 
taxes  to  be  levied  upon  the  current  assessment  rolls.  All  taxes 
shall  be  levied  or  voted  in  specific  sums,  and  shall  not  exceed  the 
amount  specified  in  such  published  estimates.  (L.  '09,  p.  532, 
§3;  Rem.  &  Bal.,  §9210.) 

438.  Penalty 

Any  person  violating  the  provisions  of  this  act  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum 
not  less  than  one  hundred  dollars,  nor  more  than  five  hundred 
dollars.     (L.  '09,  p.  532,  §  4;  Rem.  &  Bal.  §  9211.) 

FIRE  DRILLS 

439.  Fire  drills  twice  each  month 

It  shall  be  the  duty  of  the  principal  or  other  person  in  charge 
of   every   public   or   private    school   or   educational   institution 


STATE  OP  WASHINGTON  201 

within  the  state,  to  instruct  and  train  the  pupils  by  means  of 
drills,  so  that  they  may  in  a  sudden  emergency  be  able  to  leave 
the  school  building  in  the  shortest  possible  time  and  without 
confusion  or  panic.  Such  drills  or  rapid  dismissals  shall  be 
held  at  least  twice  in  each  month.  (L.  '09,  p.  386,  §  1 ;  Rem.  & 
Bal.,  §  4748.) 

The  law  requiring  fire  drills  in  schools  does  not  apply  to  the  state  institu- 
tions at  Chehalis,  Monroe,  Vancouver  and  Medical  Lake. — Lyle. 

440.  Penalty 

Neglect  by  any  principal  or  other  person  in  charge  of  any 
public  or  private  school  or  educational  institution  to  comply 
with  the  provisions  of  this  act  shall  be  a  misdemeanor,  punish- 
able at  the  discretion  of  the  court  by  a  fine  not  exceeding  fifty 
($50.00)  dollars.  Such  fine  to  be  paid  to  the  county  treas- 
urer for  the  benefit  of  said  school  district.  (L.  '09,  p.  386,  §  1 ; 
Rem.  &  Bal.,  §  4749.) 

441.  Publication  of  this  act 

It  shall  be  the  duty  of  the  board  of  directors  or  other  body 
having  control  of  the  schools  in  any  town  or  city  to  cause  a 
copy  of  this  act  to  be  printed  in  the  manual  or  handbook  pre- 
pared for  the  guidance  of  teachers,  where  such  manual  or  hand- 
book is  in  use  or  may  hereafter  come  into  use.  It  shall  be  the 
duty  of  the  Superintendent  of  Public  Instruction  to  cause  a 
copy  of  this  act  to  be  published  in  the  Washington  State 
Manual.     (L.  '09,  p.  386,  §  3 ;  Rem.  &  Bal.,  §  4750.) 

442.  Colleges  and  universities  excepted 

The  provisions  of  this  act  shall  not  apply  to  colleges  or  uni- 
versities.    (L.  '09,  p.  386,  §  4;  Rem.  &  Bal.,  §  4751.) 

PROHIBITING  CHILD  LABOR 

443.  Child  labor  forbidden 

That  no  person  under  the  age  of  nineteen  years  shall  be  em- 
ployed as  a  public  messenger  by  any  person,  telegraph  com- 
pany, telephone  company,  or  messenger  company  in  any  city  of 
the  first  class  in  this  state,  nor  shall  any  child  of  either  sex  un- 
der the  age  of  fourteen  years  be  hired  out  to  labor  in  any  fac- 


202  C0DE  0F  PUBLIC  INSTRUCTION 

tory,  mill,  workshop  or  store  at  any  time:  Provided,  That  any 
superior  court  judge  may  issue  a  permit  for  the  employment  of 
any  child  between  the  ages  of  twelve  and  fourteen  years  at  any 
occupation,  not  in  his  judgment  dangerous  or  injurious  to  the 
health  or  morals  of  such  child,  upon  evidence  satisfactory  to 
him  that  the  labor  of  such  child  is  necessary  for  its  support  or 
for  the  assistance  of  any  parent:  And  provided  further,  That 
the  judge  of  the  juvenile  court  may  issue  permits  for  the  em- 
ployment of  any  male  child  over  fourteen  years  of  age,  as  mes- 
senger by  telegraph,  telephone  and  messenger  companies  sub- 
ject to  such  limitations  and  conditions  as  may  be  imposed  by 
said  court.  All  permits  herein  provided  for  shall  be  issued  for 
a  definite  time  and  shall  be  revocable  at  the  discretion  of  the 
judge  by  whom  issued.  (L.  '07,  p.  238,  §  1;  Rem.  &  Bal., 
§  6570.) 

See,  supra,  §§  392-396,  Code  Pub.  Ins.,  compulsory  school  laws. 

Laws  of  1903,  page  261,  providing  that  children  under  fourteen  years  of  age 
shall  not  be  "hired  out,"  is  intended  to  forbid  their  employment,  as  well  as 
hiring  out  by  parents,  and  the  prohibition  extends  to  all  connected  therewith, 
making  the  employment  itself  illegal :  Kirkham  v.  Wheeler-Osgood  Co.,  39 
Wash.  415. 

444.  Penalty 

Any  employer,  or  any  overseer,  superintendent,  or  agent  of 
such  person,  telegraph  company,  telephone  company  or  messen- 
ger company  who  shall  violate  any  of  the  provisions  of  this  act, 
shall,  upon  conviction  thereof,  be  fined  for  each  offense  not  less 
than  ten  dollars  nor  more  than  five  hundred  dollars,  or  be  im- 
prisoned in  the  county  jail  not  to  exceed  six  months,  or  by  both 
such  fine  and  imprisonment.  (L.  '07,  p.  238,  §  2 ;  Rem.  &  Bal., 
§  6571.) 

EMINENT  DOMAIN 

445.  Eminent  domain  extended  to  public  lands 

All  state,  county  and  school  districts,  or  other  lands  belong- 
ing to  other  public  corporations,  shall  be  subject  to  the  pro- 
visions of  this  act  and  such  corporations,  by  and  through  their 
proper  authorities,  shall  be  made  parties  in  all  proceedings 
therein  affecting  said  lands,  and  shall  have  the  same  rights  and 
liable   to   the   same   right   of   eminent   domain   as   private   per- 


STATE  OP  WASHINGTON  203 

sons,  and  the  lands  shall  be  subject  to  the  right  of  eminent  do- 
main the  same  as  the  land  of  private  persons  or  corporations. 
(L.  '09,  Ex.  Ses.,  p.  34,  §  43;  Rem.  &  Bal.,  §  8208.) 

"This  act"  refers  to  commercial  waterways. 

446.  Assessment   of   benefits   against   state    and    municipalities — Pay- 

ment 

In  case  lands  belonging  to  the  state,  county  and  school  dis- 
trict, or  other  public  corporations,  are  benefited  by  any  improve- 
ment instituted  under  the  provisions  of  this  act,  all  benefits  shall 
be  assessed  against  said  lands,  and  the  same  shall  be  paid  by  the 
proper  authorities  of  such  public  corporations  at  the  times  and 
in  the  same  manner  as  assessments  are  called  and  paid  in  case 
of  private  persons  out  of  any  general  fund  of  such  corporation. 
(L.  '09,  Ex.  Ses.,  p.  34,  §  44;  Rem.  &  Bal.,  §  8209.) 

CARNEGIE  FUND 

447.  Application  for  Carnegie  fund  authorized 

The  board  of  regents  of  the  University  of  Washington  and  the 
board  of  regents  of  the  State  College  of  Washington  are  au- 
thorized to  apply  for  participation  by  the  said  university  and 
State  College  of  Washington  in  the  fund  of  the  Carnegie  foun- 
dation for  the  advancement  of  teaching,  and  from  time  to  time 
to  make  application  for  allowances  for  such  persons  as  may  be 
eligible  to  receive  the  same  under  the  rules  laid  down  by  the 
board  of  trustees  of  the  Carnegie  foundation  for  the  advancement 
of  teaching.     (L.  '09,  p.  53,  §  1 ;  Rem.  &  Bal.,  §  4551.) 

See,  supra,  §  36  et  seq.,  Code  Pub.  Ins.,  regents  of  State  College. 
See,  supra,  §  14  et  seq.,  Code  Pub.  Ins.,  University  of  Washington. 

VACANCIES  IN  STATE  BOARD 

448.  Vacancies 

Whenever  any  vacancy  in  the  board  shall  occur,  whether  by 
death,  removal,  resignation  or  otherwise,  the  Governor  shall  fill 
the  vacancy  by  appointment.  (L.  '97,  p.  367,  §  26 ;  Rem.  & 
Bal.,  §  4304.) 

The  force  of  this  section,  relating  to  the  State  Board  of  Education,  is  doubt- 
ful. 

See,  supra,  §  11  et  seq.,  Code  Pub  Ins.,  powers  and  duties  of  board. 


204  CODE  OF  PUBLIC  INSTRUCTION 

LEGAL  RATE  OF  INTEREST  ON  SCHOOL  WARRANTS 

449.  Interest  on  school  warrants 

All  county,  city,  town  and  school  warrants,  and  all  warrants 
or  other  evidences  of  indebtedness,  drawn  upon  or  payable  from 
any  public  funds,  shall  bear  interest  at  a  rate  not  greater  than 
eight  per  centum  per  annum,  unless  a  less  rate  be  specified 
therein.     (L.  '99,  p.  129,  §  4;  Rem.  &  Bal.,  §  6253.) 

State  warrants  draw  interest  only  from  the  date  of  their  presentation  to 
the  treasurer  and  his  endorsement  thereon,  "Not  paid  for  want  of  funds,"  at 
the  legal  rate  prevailing  at  the  date  of  presentation  and  not  that  in  force  at 
the  date  of  issuance,  under  the  statutes  of  this  state  :  State  ex  rel.  Capital  Nat. 
Bank  v.  Young,  22  Wash.  547. 

450.  Issuing  officer  to  regulate  rate 

It  shall  be  the  duty  of  every  public  officer  issuing  public  war- 
rants to  make  monthly  investigation  to  ascertain  the  market 
value  of  the  current  warrants  issued  by  him,  and  he  shall,  so  far 
as  practicable,  fix  the  rate  of  interest  (not  in  any  event,  how- 
ever, exceeding  the  maximum  rate  hereinbefore  established  there- 
for) on  the  warrants  issued  by  him  during  the  ensuing  month, 
so  that  the  par  value  shall  be  the  market  value  thereof.  (L.  '99, 
p.  129,  §  5 ;  Rem.  &  Bal.,  §  6254.) 

STATE  TAX  FOR  INSTITUTIONS  OF  HIGHER  EDUCATION 

451.  Definition  of  terms 

The  terms  "State  Institutions  of  Higher  Education"  as  used 
in  this  act  shall  include  the  University  of  Washington,  the  Wash- 
ington State  College,  the  State  Normal  School  at  Cheney,  the 
State  Normal  School  at  Ellensburg,  and  the  State  Normal 
School  at  Bellingham.     (L.  '11,  p.  340,  §  1.) 

452.  Funds  created 

There  is  hereby  created  a  fund  to  be  known  as  the  "University 
Fund;"  a  fund  to  be  known  as  the  "Washington  State  College 
Fund;"  a  fund  to  be  known  as  the  "Cheney  Normal  School 
Fund;"  a  fund  to  be  known  as  the  "Ellensburg  Normal  School 
Fund;"  and  a  fund  to  be  known  as  the  "Bellingham  Normal 
School  Fund."     (L.  '11,  p.  340,  §  2.) 

See,  infra,  §§  538-548,  Code  Pub.  Ins.,  other  funds. 


STATE  OP  WASHINGTON  £05 

453.  Where  paid 

All  moneys  arising  from  the  tax  herein  directed  to  be  levied 
for  the  said  several  institutions  of  higher  education  shall  be 
paid  into  the  respective  funds  hereby  created.  (L.  '11,  p.  340, 
§3.) 

454.  Tax  levy 

The  State  Board  of  Equalization  shall,  beginning  with  the 
fiscal  year  1912  and  annually  thereafter,  at  the  time  of  levying 
taxes  for  state  purposes,  levy  upon  all  property  subject  to  tax- 
ation a  tax  of  forty-seven  and  one-half  one-hundredths  (47%- 
100)  of  one  mill  for  the  State  University  Fund;  thirty-two  and 
one-half  one-hundredths  (32%-100)  of  one  mill  for  the  Wash- 
ington State  College  Fund;  nine  one-hundredths  (9-100)  of 
one  mill  for  the  Cheney  Normal  School  Fund;  seven  one- 
hundredths  (7-100)  of  one  mill  for  the  Ellensburg  Normal 
School  Fund;  and  nine  one-hundredths  (9-100)  of  one  mill  for 
the  Bellingham  Normal  School  Fund.  After  January  1,  1916, 
it  shall  be  the  duty  of  the  Governor  upon  request  of  the  presi- 
dent of  any  of  the  institutions  of  higher  learning  to  appoint  a 
commission  of  five  members  to  investigate  reasons  for  changing 
the  levy  herein  provided  for,  and  to  report  to  him  in  time  for 
action,  if  any  is  necessary,  by  the  legislature  of  1917.  (L.  '11, 
p.  340,  §  4.) 

455.  Purpose 

All  sums  of  money  produced  by  said  tax  shall  be  placed  in 
said  several  funds  and  hereby  set  apart  for  the  use  of  the  sev- 
eral institutions  herein  provided  for,  for  the  purpose  of  mainten- 
ance, repairs  and  construction  of  buildings,  and  equipment 
thereof.     (L.  '11,  p.  341,  §5.) 

DUTIES  OP  PROSECUTING  ATTORNEY 

456.  Attorney  for  school  districts,  etc. 

The  prosecuting  attorney  of  each  county  shall  have  author- 
ity and  it  shall  be  his  duty,  subject  to  the  supervisory  control 
and  direction  of  the  Attorney  General,  to  appear  for  and  repre- 


206  CODE  OF  PUBLIC  INSTRUCTION 

sent  the  state  and  the  county  and  all  school  districts  In  the  county 
in  which  he  is  a  prosecuting  attorney,  in  all  criminal  and  civil 
actions  and  proceedings  in  such  county  in  which  the  state  or  such 
county  or  such  school  district  is  a  party.     (L.  '11,  p.  375,  §  1.) 

PERMANENT   FIRE    INSURANCE   FUND   IN   DISTRICTS    OF   THE 

FIRST  CLASS 

457.  Power  to  create 

That  school  districts  of  the  first  class  shall,  when  in  the  judg- 
ment of  the  boards  of  directors  it  be  deemed  expedient,  have 
power  to  create  and  maintain  a  permanent  insurance  fund  for 
said  districts,  to  be  used  to  meet  losses  by  fire,  if  any,  of  said 
school  districts.     (L.  '11,  p.  378,  §  1.) 

The  trustees  of  a  state  normal  school  have  the  power  to  place  insurance  on 
buildings. — Ltle. 

458.  Power  of  directors 

The  board  of  directors  shall  annually,  at  the  same  time  and 
in  the  same  manner  as  provided  for  reporting  to  the  board  of 
county  commissioners  an  estimate  of  the  amount  of  funds  re- 
quired for  the  support  of  the  schools,  report  the  additional 
amount  of  funds  determined  upon  for  creating  or  adding  to  the 
permanent  insurance  fund  of  the  district,  and  the  board  of 
county  commissioners  are  hereby  authorized  and  required  to 
levy  and  collect  such  additional  amount  of  funds,  the  same  as 
other  school  taxes.     (L.  '11,  p.  378,  §  2.) 

See,  supra,  §  191,  Code  Pub.  Ins.,  powers  of  directors  in  districts  of  the  first 
class. 

459.  Treasurer  may  invest  funds 

The  county  treasurer,  when  authorized  to  do  so  by  the  board 
of  directors  of  any  school  district,  may  invest  any  accumulated 
permanent  insurance  fund  of  said  district  in  school,  county,  or 
state  warrants  of  the  state  of  Washington,  and  all  profits  ac- 
cruing from  such  investment,  and  the  funds  so  invested,  shall  re- 
vert to  the  permanent  insurance  fund  of  said  district,  and  the 
county  treasurer  shall  be  the  custodian  of  all  warrants  pur- 
chased by  and  with  said  permanent  insurance  fund  until  the 


STATE  OF  WASHINGTON  207 

same  are  redeemed,  and  the  county  treasurer  shall  submit  a 
statement  of  such  fund  and  warrants  as  a  part  of  his  monthly 
report  to  each  district.     (L.  '11,  p.  378,  §  3.) 

See,  supra,  §  239,  Code  Pub.  Ins.,  duties  of  county  treasurer. 

COMMUNITY  PURPOSES— BUILDINGS 

460.  Wider  use  of  school  buildings — Erection  of  teachers'  cottages 

That  school  boards  in  each  district  of  the  second  class  and 
third  class  may  provide  for  the  free,  comfortable  and  convenient 
use  of  the  school  property  to  promote  and  facilitate  frequent 
meetings  and  association  of  the  people  in  discussion,  study,  im- 
provement, recreation  and  other  community  purposes,  and  may 
acquire,  assemble  and  house  material  for  the  dissemination  of  in- 
formation of  use  and  interest  to  the  farm,  the  home  and  the 
community,  and  facilities  for  experiment  and  study,  especially 
in  matters  pertaining  to  the  growing  of  crops,  the  improvement 
and  handling  of  live  stock,  the  marketing  of  farm  products,  the 
planning  and  construction  of  farm  buildings,  the  subjects  of 
household  economies,  home  industries,  good  roads,  and  commun- 
ity vocations  and  industries ;  and  may  call  meetings  for  the  con- 
sideration and  discussion  of  any  such  matters,  employ  a  special 
supervisor,  or  leader,  if  need  be,  and  provide  suitable  dwellings 
and  accommodations  for  teachers,  supervisors  and  necessary  as- 
sistants.    (L.  '13,  p.  395,  §  1.) 

461.  Districts  may  erect  communal  assembly  place 

That  each  school  district  of  the  second  or  third  class,  by  itself 
or  in  combination  with  any  other  district  or  districts,  shall  have 
power,  when  in  the  judgment  of  the  school  board  it  shall  be 
deemed  expedient,  to  re-construct,  remodel,  or  build  school 
houses,  and  to  erect,  purchase,  lease  or  otherwise  acquire  other 
improvements  and  real  and  personal  property,  and  establish  a 
communal  assembly  place  and  appurtenances,  and  supply  the 
same  with  suitable  and  convenient  furnishings  and  facilities  for 
the  uses  mentioned  in  section  1  of  this  act.  (L.  '13,  p.  396,  §  2.) 


208  C0DE  0F  PUBLIC  INSTRUCTION 

462.  Commission  to  pass  upon  plan 

That  plans  of  any  district  or  combination  of  districts  for 
the  carrying  out  of  the  powers  granted  by  this  act  shall  be  sub- 
mitted to  and  approved  by  the  board  of  supervisors  composed 
of  seven  members,  as  follows :  the  State  Superintendent  of  Pub- 
lic Instruction ;  the  head  of  the  extension  department  of  Wash- 
ington State  College;  the  head  of  the  extension  department  of 
the  University  of  Washington;  the  county  superintendent  of 
schools  of  the  county  in  which  such  facilities  are  proposed  to  be 
located;  these  four  to  choose  a  fifth  member  from  such  county, 
and  a  sixth  and  seventh  member,  one  of  whom  shall  be  a  woman, 
from  the  district  or  districts  concerned.     (L.  '13,  p.  396,  §  3.) 

463.  Limitation  of  expenditures 

No  real  or  personal  property  or  improvements  shall  be  pur- 
chased, leased,  exchanged,  acquired  or  sold,  nor  any  school 
houses  built,  remodeled  or  removed,  nor  any  indebtedness  incur- 
red or  money  expended  for  any  of  the  purposes  of  this  act  ex- 
cept in  the  manner  provided  by  law  for  the  purchase,  lease,  ex- 
change, acquisition  and  sale  of  school  property,  the  building,  re- 
modeling and  removing  of  school  houses  and  the  incurring  of  in- 
debtedness and  expenditure  of  money  for  school  purposes. 
(L.  '13,  p.  396,  §  4.) 

A  board  inquires  whether  it  will  have  power  to  erect  an  addition  to  house 
manual  training  and  domestic  science,  without  the  formality  of  an  election. 
From  section  4  of  chapter  129,  Laws  of  1913,  it  will  appear  that  the  status 
of  the  board  of  directors  is  the  same  with  respect  to  obtaining  the  consent  of 
the  electors  as  they  were  before  the  law  was  passed. — Lyle. 

DOORS    OP    PUBLIC    BUILDINGS    TO    SWING    OUTWARD 

464.  Doors  of  school  buildings 

The  doors  of  all  theatres,  opera  houses,  school  buildings, 
churches,  public  halls,  or  places  used  for  public  entertainments, 
exhibitions  or  meetings,  which  are  used  exclusively  or  in  part  for 
admission  to  or  egress  from  the  same,  or  any  part  thereof,  shall 
be  so  hung  and  arranged  as  to  open  outwardly,  and  during  any 
exhibition,  entertainment  or  meeting,  shall  be  kept  unlocked  and 
unfastened,  and  in  such  condition  that  in  case  of  danger  or 


STATE  OF  WASHINGTON  209 

necessity,  immediate  escape  from  such  building  shall  not  be  pre- 
vented or  delayed;  and  every  agent  or  lessee  of  any  such  build- 
ing who  shall  rent  the  same  or  allow  it  to  be  used  for  any  of  the 
aforesaid  public  purposes  without  having  the  doors  thereof 
hung  and  arranged  as  hereinbefore  provided,  shall,  for  each  vio- 
lation of  any  provision  of  this  section,  be  guilty  of  a  misde- 
meanor.    (L.  '09,  p.  974,  §  273 ;  Rem.  &  Bal.,  §  2525.) 

THE  STATE  MUSEUM  AT  THE  UNIVERSITY  OF  WASHINGTON 

465.  Museum 

The  museum  of  the  University  of  Washington  is  hereby  con- 
stituted the  state  museum  as  a  depository  for  the  preservation 
and  exhibition  of  documents  and  objects  possessing  an  historical 
value,  of  materials  illustrating  the  fauna,  flora,  anthropology, 
mineral  wealth,  and  natural  resources  of  the  state,  and  for  all 
documents  and  objects  whose  preservation  will  be  of  value  to 
the  student  of  history  and  the  natural  sciences.  (L.  '99,  p.  4jO, 
§  l;Rem.  &  Bal.,  §6992.) 

466.  Officials  shall  collect  materials 

It  shall  be  the  duty  of  all  boards,  commissioners  and  officers 
acting  under  the  authority  of  this  state  who,  in  the  performance 
of  their  duties,  may  come  into  possession  of  any  documents  or 
material  having  an  historical  or  scientific  value  to  send  for  pres- 
ervation and  exhibition  all  such  documents  or  material,  unless 
otherwise  by  law  provided  for,  to  the  state  museum  constituted 
by  section  1  of  this  act.  (L.  '99,  p.  40,  §  2 ;  Rem.  &  Bal., 
§  6993.) 

467.  Private  persons  may  contribute 

This  museum  may  receive  all  such  above  named  documents  or 
material  for  preservation  and  exhibition  from  any  private  per- 
son under  such  rules  and  regulations  as  the  board  of  regents  of 
the  University  of  Washington  may  deem  proper  to  make  for 
the  care  of  the  aforesaid  museum.  (L.  '99,  p.  40,  §  3 ;  Rem.  & 
Bal.,  §  6994.) 


glO  CODE  OF  PUBLIC  INSTRUCTION 

468.  Regents  have  charge 

The  board  of  regents  of  the  University  of  Washington  ex 
officio  shall  have  full  charge  and  management  of  the  state  mus- 
eum hereby  created.     (L.  '99,  p.  41,  §  4;  Rem.  &  Bal.,  §  6995.) 

NORMAL  MODEL  SCHOOL 

469.  Trustees  to  estimate  number  of  pupils  required  for  model  school 
The  board  of  trustees  of  any  normal  school  having  a  model 

school  or  training  department  in  connection  therewith,  as  auth- 
orized by  section  4367  shall  be  authorized,  and  it  shall  be  their 
duty  on  or  before  the  first  Monday  of  September  each  year,  to 
file  with  the  board  of  the  school  district  in  which  such  normal 
school  is  situated,  a  certified  statement  showing  an  estimate  of 
the  number  of  public  school  pupils  who  will  be  required  to  make 
up  such  model  school,  specifying  the  number  required  for  each 
grade  for  which  training  for  students  is  required.  (L.  '07,  p. 
180,  §  1 ;  Rem.  &  Bal.„  §  4368.) 

The  present  force  of  this  and  the  next  two  sections  is  doubtful,  as  they  were 
omitted  from  the  "School  Code"  of  1909. 

See,  supra,  §  54,  Code  Pub.  Ins.,  model  school. 
See  note  §  471,  Code  Pub.  Ins. 

470.  Selection  of  pupils  from  public  schools 

It  shall  thereupon  be  the  duty  of  the  board  of  the  school  dis- 
trict with  which  such  statement  has  been  filed,  to  apportion  for 
attendance  to  the  said  training  school,  a  sufficient  number  of 
pupils  from  the  public  schools  under  the  supervision  of  said 
board  as  will  furnish  to  such  normal  school  the  number  of  pupils 
required  in  order  to  maintain  such  training  school:  Provided, 
That  the  principal  of  said  normal  school  may  refuse  to  accept 
such  pupil  as  in  his  judgment  by  reason  of  incorrigibility,  or 
mental  defects  would  tend  to  reduce  the  efficiency  of  said  train- 
ing department.     (L.  '07,  p.  181,  §  % ;  Rem.  &  Bal.,  §  4369.) 

See  note  to.  next  section. 

471.  Report  of  attendance  of  common  school  pupils 

Annually  on  or  before  the  date  for  reporting  the  school  at- 
tendance of  the  school  district  in  which  said  normal  school  is 


STATE  OP  WASHINGTON  2H 

situated,  for  the  purpose  of  taxation  for  the  support  of  the  com- 
mon schools,  the  board  of  trustees  in  each  normal  school  shall 
file  with  the  board  of  the  school  district  in  which  such  normal 
school  is  situated,  a  report  showing  the  number  of  common 
school  pupils  in  attendance  at  each  such  normal  school,  during 
the  school  year  last  past,  and  the  period  of  their  attendance  in 
the  same  form  that  reports  of  public  schools  are  made.  The 
clerk  of  such  school  district  shall,  in  reporting  the  attendance 
in  said  school  district,  segregate  the  attendance  at  said  model 
school,  from  the  attendance  in  the  other  schools  of  said  dis- 
trict.    (L.  ?07,  p.  181,  §  3 ;  Rem.  &  Bal.,  §  4370.) 

See  note,  supra,  §  469,  Code  Pub.  Ins. 

Section  4  of  this  act  requiring  the  state  superintendent  to  apportion  part 
of  the  funds  of  the  common  schools  of  the  district  to  the  support  of  the  model 
training  school  is  omitted  as  void. 

Laws  '07,  page  181,  §  4,  violates  constitution,  article  IX,  §  2,  requiring  the 
common  school  fund  to  be  applied  exclusively  to  the  support  of  the  common 
schools :     School  District  v.  Bryan,  51  Wash.  498. 

RESTRICTION  OP  VIVISECTION 

472.  Vivisection 

No  teacher  or  other  person  employed  in  any  school  in  the 
state  of  Washington,  except  a  medical  or  dental  school,  the 
medical  or  dental  department  of  any  school,  shall  practise  vivi- 
section upon  any  vertebrate  animal  in  the  presence  of  any  pupil 
in  said  school,  or  any  child  or  minor  there  present ;  nor  in  such 
presence  shall  exhibit  any  vertebrate  animal  upon  which  vivi- 
section has  been  practised.  (L.  '97,  p.  16,  §  1 ;  L.  '97,  p.  426, 
§  178 ;  Rem.  &  Bal.,  §4703.) 

See,  infra,  §  474,  Code  Pub.  Ins.,  penalty. 

473.  Dissection  permitted,  when 

Dissection  of  dead  animals,  or  any  portion  thereof,  in  the 
schools  of  the  state  of  Washington  shall,  in  no  instance,  be  for 
the  purpose  of  exhibition,  but  in  every  case  shall  be  confined 
to  the  class-room  and  the  presence  of  those  pupils  engaged  in 
the  study  illustrated  by  such  dissection.  (L.  '97,  p.  17,  §  2 ; 
L.  '97,  p.  426,  §  179;  Rem.  &  Bal.,  §  4704.) 

See,  infra,  §  474,  Code  Pub.  Ins.,  penalty. 


gig  CODE  OP  PUBLIC  INSTRUCTION 

474.  Violating  vivisection   law 

Any  person  violating  the  provisions  of  the  last  two  sections, 
shall  upon  conviction  thereof,  be  deemed  guilty  of  a  misdemean- 
or, and  be  fined  in  any  sum  of  not  less  than  fifty  nor  more  than 
one  hundred  dollars.  Said  fine,  when  collected,  shall  be  turned 
over  to  the  county  treasurer,  and  by  him  transmitted  to  the 
state  treasurer,  who  shall  place  the  same  to  the  credit  of  the 
current  school  fund  of  the  state.  (L.  '03,  p.  329,  §  5 ;  Rem.  & 
BaL,  §  4705.) 

PROHIBITING  SALES  OF  INTOXICATING  LIQUORS 

475.  Unlawful  to  sell   intoxicating  liquors  on  university  grounds 

It  shall  be  unlawful  to  sell  any  intoxicating  liquors,  with  or 
without  license,  on  the  grounds  of  the  University  of  Washing- 
ton, or  within  two  miles  thereof,  excepting  south  half  of  sec- 
tion twenty-two,  township  twenty-five,  range  four  east,  and  any 
license  granted  for  the  sale  of  such  intoxicating  liquors  within 
said  area  shall  be  void.  Said  grounds  of  the  University  of 
Washington  are  otherwise  known  and  described  as  follows: 
Fractional  section  sixteen,  township  twenty-five  north,  range 
four  east  of  Willamette  meridian.  (L.  '95,  p.  134,  §  1 ;  Rem. 
&  BaL,  §  4742.) 

This  and  next  section  not  included  in  school  code  of  1909. 

See,  supra,  §  430,  Code  Pub.  Ins.,  sale  of  liquors  near  educational  institutions. 

476.  Penalty 

Any  person  or  persons  violating  the  provisions  of  the  last 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  in  any  court  of  competent  jurisdiction 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  not  less  than  six  months  nor  more  than 
one  year,  or  by  both  such  fine  and  imprisonment.  (L.  '95,  p.  134, 
§2;  Rem.  &  Bal.,  §4743.) 

PROPERTY  UNDER  CONTRACT 

477.  Land  sold  by  municipality  listed  to  whom 

Property  held  under  a  contract  for  the  purchase  thereof,  be- 
longing to  the  state,  county  or  municipality,  and  school  and 


STATE  OF  WASHINGTON  gjg 


other  state  lands,  shall  be  considered  for  all  purposes  of  taxa- 
tion as  the  property  of  the  person  so  holding  the  same.  And 
no  deed  shall  ever  be  executed  until  all  taxes  and  municipal 
charges  are  fully  paid  thereon.  (L.  '97,  p.  149,  §  26 ;  Rem.  & 
Bal.,  §  9139.) 

A  purchaser  of  state  lands,  holding  the  same  under  an  executory  contract  until 
certain  conditions  are  complied  with,  the  title  meanwhile  remaining  in  the 
state,  must  pay  the  taxes  thereon,  under  this  section  :  Washington  Iron  Works 
Co.  v.  King  County,  20  Wash.  150  ;  Gray's  Haroor  Co.  v.  Chehalis  County,  23 
Wash.  369. 

FACILITIES  FOR  INSTRUCTION 

478.  Authority  of  regents  to  expend  income 

The  board  of  regents  is  authorized  to  expend  such  portion  of 
the  income  of  the  university  fund  as  it  may  deem  expedient  for 
the  purchase  of  apparatus,  library,  and  cabinets  of  natural  his- 
tory, providing  suitable  means  to  keep  and  preserve  the  same, 
and  in  the  procurement  of  other  means  of  facility  for  instruc- 
tion.    (L.  '90,  p.  397,  §  8;  Rem.  &  Bal.,  §  4325.) 

Query :    Whether  this  section  is  superseded  by  §  18,  supra. 
See,  supra,  §  lS",  Code  Pub.  Ins.,  powers  and  duties  of  regents. 

COMPULSORY  EDUCATION 

479.  Compulsory  attendance  at  free  government  schools 

Whenever  the  government  of  the  United  States  or  the  State 
of  Washington  shall  erect,  or  cause  to  be  erected  and  maintained, 
a  school  for  general  educational  purposes  within  the  State  of 
Washington,  and  the  expense  of  the  tuition,  lodging,  food  and 
clothing  of  the  pupils  therein  is  borne  by  the  United  States  or 
the  state  of  Washington,  it  shall  be  compulsory  on  the  part  of 
every  parent,  guardian  or  other  person  in  the  state  of  Wash- 
ington having  control  of  a  child  or  children  between  the  ages  of 
five  and  eighteen  years,  eligible  to  attend  said  school,  to  send 
such  child  or  children  to  said  school  for  a  period  of  nine  months 
each  year,  or  during  school  for  a  period  of  nine  months  each 
year,  or  during  the  annual  term,  unless  such  child  or  children 
is  or  are  excused  from  such  attendance  by  the  principal  or  su- 
perintendent of  said  school,  upon  it  being  shown  to  the  satis- 


214  CODE  OF  PUBLIC  INSTRUCTION 

faction  of  said  principal  or  superintendent  that  the  bodily  or 
mental  condition  of  such  child  or  children  has  been  and  is  such 
as  to  prevent  his,  her  or  their  attendance  at  school,  or  applica- 
tion at  study  for  the  period  required,  or  that  such  child  or  chil- 
dren is  or  are  taught  in  the  public  schools,  private  schools,  or 
other  schools,  or  at  home  in  such  branches  as  are  usually  taught 
in  the  public  schools :  Provided,  That  is  case  the  government  of 
the  United  States  or  the  state  of  Washington,  does  not  make 
provision  for  the  free  transportation  of  said  child  or  children  to 
and  from  their  homes  to  said  school,  then  he,  she  or  they  shall 
not  be  liable  to  the  provisions  of  this  act,  unless  they  reside  less 
than  ten  miles  from  said  school.  (L.  '03,  p.  107,  §  1 ;  Rem.  & 
Bal.,  §  4726.) 

"Act"  refers  to  §§  479-483,  Code  Pub.  Ins. 

480.  Demand  for  attendance 

It  shall  be  the  duty  of  all  principals  and  superintendents  of 
the  school  or  schools  mentioned  in  this  act,  before  attempting  to 
enforce  the  provisions  of  this  act  hereinafter  mentioned  to  serve, 
or  cause  to  be  served,  a  demand  for  the  attendance  of  certain 
children,  naming  them,  and  also  designating  the  school  to  which 
their  attendance  is  required,  upon  the  parent,  guardian  or  other 
person  having  charge  of  said  child  or  children  as  may  be  eligi- 
ble to  attend  said  school  over  which  he  has  charge,  and  a  copy 
of  this  act;  and  such  parent,  guardian  or  other  person  having 
charge  of  said  child  or  children  shall  have  ten  days  to  either  de- 
liver said  child  or  children  at  said  school,  or  to  the  principal  or 
superintendent  thereof,  or  furnish  satisfactory  proof  that  the 
bodily  or  mental  condition  of  said  child  or  children  does  not 
admit  of  attendance.     (L.  '03,  p.  108,  §  2 ;  Rem.  &  Bal.,  §4727.) 

481.  Failure  of  parents  etc.,  to  comply 

If  at  the  expiration  of  ten  days  after  such  notice  or  demand 
the  parents,  guardian  or  other  persons  having  charge  of  said 
child  or  children  shall  have  failed  or  refused  to  comply  with  this 
act,  the  principal  or  superintendent  shall  cause  a  demand  to  be 
made  upon  such  parent,  guardian  or  other  person  for  the  amount 
of  the  penalty  hereinafter  provided ;  and  if  such  parent,  guard- 


STATE  OF  WASHINGTON  215 

ian,  or  person  shall  neglect  or  refuse  to  pay  the  same  with- 
in five  days  after  making  said  demand,  the  superintendent 
or  principal  shall  commence  proceedings  in  the  name  of  the 
state  for  recovery  of  the  fine  hereinafter  provided  before  any 
court  having  jurisdiction:  Provided,  That  nothing  in  this  act 
shall  apply  to  any  child  or  children  who  is  or  are  actually  and 
necessarily  compelled  to  labor  for  the  support  of  such  parent. 
(L.  '03,  p.  108,  §  3;  Rem.  &  Bal.,  §  4728.) 

482.  Penalty 

Any  parent,  guardian  or  other  person  having  control  or 
charge  of  any  child  or  children,  failing  to  comply  with  the  pro- 
visions of  this  act  shall  be  liable  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars,  for  the  first  offense, 
nor  less  than  ten  dollars  nor  more  than  fifty  dollars  for  the  sec- 
ond, and  each  subsequent  offense,  besides  the  cost  of  collection. 
(L.  '03,  p.  108,  §  4 ;  Rem.  &  Bal.,  §  4729.) 

483.  Disposition  of  fines 

All  fines  collected  under  the  provisions  of  this  act  shall  be 
paid  into  the  county  treasury,  the  same  to  be  placed  to  the 
credit  of  the  general  school  fund.     (L.  '03,  p.  108,  §  5 ;  Ren? 
&  Bal.,  §  4730.) 

JUVENILE  COURT  LAW 

484.  Dependent  and  delinquent  children 

This  act  shall  be  known  as  the  "Juvenile  Court  Law"  and 
shall  apply  to  all  minor  children  under  the  age  of  eighteen 
years  who  are  delinquent  or  dependent;  and  to  any  person  or 
persons  who  are  responsible  for  or  contribute  to,  the  delin- 
quency or  dependency  of  such  children. 

For  the  purpose  of  this  act  the  words  "dependent  child"  shall 
mean  any  child  under  the  age  of  eighteen  years : 

(1)  Who  is  found  begging,  receiving  or  gathering  alms, 
whether  actually  begging  or  under  the  pretext  of  selling,  or 
offering  anything  for  sale;  or 

(2)  Who  is  found  in  any  street,  road  or  public  place  for 
the  purpose  of  so  begging,  gathering  or  receiving  alms ;  or 


gig  CODE  OP  PUBLIC  INSTRUCTION 

(3)  Who  is  a  vagrant;  or 

(4)  Who  is  found  wandering  and  not  having  any  home  or 
any  settled  place  of  abode,  or  any  proper  guardianship,  or  any 
visible  means  of  subsistence;  or 

(5)  Who  has  no  parent  or  guardian;  or  who  has  no  parent 
or  guardian  willing  to  exercise,  or  capable  of  exercising,  proper 
parental  control;  or 

(6)  Who  is  destitute;  or 

(7)  Whose  home  by  reason  of  neglect,  cruelty  or  depravity 
of  its  parents  or  either  of  them,  or  on  the  part  of  its  guardian, 
or  on  the  part  of  the  person  in  whose  custody  or  care  it  may 
be,  or  for  any  other  reason,  is  an  unfit  place  for  such  child;  or 

(8)  Who  frequents  the  company  of  reputed  criminals,  vag- 
rants or  prostitutes ;  or 

(9)  Who  is  found  living  or  being  in  any  house  of  prosti- 
tution or  assignation;  or 

(10)  Who  habitually  visits  any  billiard  room  or  pool  room; 
or  any  saloon,  or  place  where  spirituous,  vinous,  or  malt  liquors 
are  sold,  bartered,  or  given  away;  or 

(11)  Who  persistently  refuses  to  obey  the  reasonable  and 
proper  orders  or  directions  of  its  parents  or  guardian ;  or 

(12)  Who  is  incorrigible;  that  is,  who  is  beyond  the  con- 
trol and  power  of  its  parents,  guardian,  or  custodian  by  reason 
of  the  vicious  conduct  or  nature  of  said  child;  or 

(13)  Whose  father,  mother,  guardian  or  custodian  is  an 
habitual  drunkard,  or  do  not  properly  provide  for  such  child, 
and  it  appears  that  such  child  is  destitute  of  a  suitable  home  or 
of  adequate  means  of  obtaining  an  honest  living,  or  who  is  in 
danger  of  being  brought  up  to  lead  an  idle,  dissolute  or  im- 
moral life ;  or  where  such  child  is  without  proper  means  of  sup- 
port; or 

(14)  Who  is  an  habitual  truant,  as  defined  in  the  school 
laws  of  the  state  of  Washington ;  or 

(15)  Who  uses  intoxicating  liquor  as  a  beverage,  or  who 
uses  tobacco  in  any  form,  or  who  uses  opium,  cocaine,  morphine, 


STATE  OF  WASHINGTON  217 

or  other  similar  drug,  without  the  direction  of  a  competent 
physician ;  or 

(16)  Who  from  any  cause  is  in  danger  of  growing  up  to 
lead  an  idle,  dissolute  or  immoral  life;  or 

(17)'  Who  wanders  about  in  the  night  time  without  being  on 
any  lawful  business  or  occupation;  or 

(18)  Any  child  under  the  age  of  twelve  years  found  peddling 
or  selling  any  article,  or  singing  or  playing  on  any  musical  in- 
strument for  gain  upon  the  public  street,  or  giving  any  public 
entertainment,  or  who  accompanies,  or  is  used  in  aid  of,  any  per- 
son so  doing:  Provided,  That  this  act  shall  not  prohibit  the 
giving  of  entertainments  by  regularly  organized  schools  or  so- 
cieties where  twelve  or  more  musical  instruments  are  used. 

The  words  "delinquent  child"  shall  include  any  child  under 
the  age  of  eighteen  years  who  violates  any  law  of  this  state,  or 
any  ordinance  of  any  town,  city,  county  or  city  and  county  of 
this  state  defining  crime;  or  who  habitually  uses  vile,  obscene, 
vulgar,  profane  or  indecent  language,  or  is  guilty  of  immoral 
conduct ;  or  who  is  found  in  or  about  railroad  yards  or  tracks ; 
or  who  jumps  on  or  off  trains  or  cars;  or  who  enters  a  car  or 
engine,  without  lawful  authority. 

For  the  purpose  of  this  act  only,  all  delinquent  and  dependent 
children  within  the  state  shall  be  considered  wards  of  this  state 
and  their  persons  shall  be  subject  to  the  custody,  care,  guardian- 
ship and  control  of  the  court  as  hereinafter  provided.  (L.  'IB, 
p.  520,  §  J.) 

485.     Superior  courts  to  be  juvenile  courts 

The  superior  courts  in  the  several  counties  of  this  state  shall 
have  original  jurisdiction  in  all  cases  coming  within  the  terms 
of  this  act.  In  all  trials  under  this  act,  any  person  interested 
therein  may  demand  a  jury  trial,  or  the  judge  of  his  own  mo- 
tion, may  order  a  jury  to  try  the  case.  In  counties  containing 
thirty  thousand  or  more  inhabitants,  the  judges  of  the  superior 
court  shall,  at  such  times  as  fchey  may  determine,  designate  one 
or  more  of  their  number  whose  duty  it  shall  be  to  hear  all  cases 
arising  under  this  act.     A  special  session  to  be  designated  as 


gig  CODE  OF  PUBLIC  INSTRUCTION 

the  "Juvenile  Court  Session"  shall  be  provided  for  the  hearing 
of  such  cases  and  the  findings  of  the  court  shall  be  entered  in  a 
book  or  books  kept  for  the  purpose,  and  known  as  the  "Juvenile 
Record,"  and  the  court  may,  for  cenvenience,  be  called  the 
"Juvenile  Court."     (L.  '13,  p.  522,  §  2.) 

486.     Probation  officers 

The  court  or  judge  designated  as  provided  in  section  2  of 
this  act,  shall  appoint  or  designate  one  or  more  discreet  persons 
of  good  character  to  serve  as  probation  officers  during  the 
pleasure  of  the  court,  said  probation  officers  to  receive  no  com- 
pensation from  the  public  treasury.  In  case  a  probation  officer 
shall  be  appointed  by  any  court,  it  shall  be  the  duty  of  the 
clerk  of  the  court,  if  practicable,  to  notify  the  said  probation 
officer  in  advance  when  the  child  is  to  be  brought  before  said 
court;  it  shall  be  the  duty  of  said  probation  officers  to  make 
such  investigation  as  may  be  required  by  the  court.  The  pro- 
bation officer  or  officers  shall  inquire  into  the  antecedents,  char- 
acter, family  history,  environments  and  cause  of  dependency 
or  delinquency  of  every  alleged  dependent  or  delinquent  child 
brought  before  the  juvenile  court  and  shall  make  his  report  in 
writing  to  the  judge  thereof,  shall  be  present  in  order  to  rep- 
resent the  interests  of  the  child  when  the  case  is  heard,  shall  fur- 
nish the  court  such  information  and  assistance  as  the  judge 
may  require,  and  shall  take  such  charge  of  the  child  before  and 
after  the  trial  as  may  be  directed  by  the  court.  In  counties 
containing  thirty  thousand  or  more  inhabitants  when  it  shall 
appear  that  there  is  a  necessity  for  such  county  officer,  the 
court  may  appoint  one  or  more  persons  to  act  as  probation 
officers,  and  one  or  more  persons  who  shall  have  charge  of 
detention  rooms  or  house  of  detention,  all  of  whom  shall  be  paid 
as  compensation  for  their  services,  such  sums  as  may  be  fixed  by 
the  board  of  county  commissioners,  and  who  shall  be  paid  as 
other  county  officers  are  paid ;  all  probation  officers  shall  possess 
all  the  powers  conferred  upon  sheriffs  and  police  officers  to  serve 
process  and  make  arrests,  for  the  violation  of  any  state  law  or 


STATE  OF  WASHINGTON  gig 

city  ordinances,  relative  to  the  care,  custody,  and  control  of  de- 
linquent and  dependent  children.     (L.  '13,  p.  522,  §  3.) 

487.  Expenses  of  probation  officers 

The  probation  officers,  and  assistant  probation  officers,  and 
deputy  probation  officers  in  all  counties  of  the  state  shall  be 
allowed  such  necessary  incidental  expenses  as  may  be  author- 
ized by  the  judge  of  the  juvenile  court,  and  the  same  shall  be 
a  charge  upon  the  county  in  which  the  court  appointing  them 
has  jurisdiction,  and  the  expenses  shall  be  paid  out  of  the 
county  treasury  upon  a  written  order  of  the  judge  of  the  ju- 
venile court  of  said  county  directing  the  county  auditor  to  draw 
his  warrant  upon  the  county  treasurer  for  the  specified  amount 
of  such  expenses.     (L.  '13,  p.  523,  §  4.) 

488.  Petition  to  court  to  take  charge  of  child 

Any  person  may  file  with  the  clerk  of  the  superior  court  a 
petition  showing  that  there  is  within  the  county,  or  residing 
within  the  county,  a  dependent  or  delinquent  child  and  praying 
that  the  superior  court  deal  with  such  child  as  provided  in  this 
act :  Provided,  That  in  counties  having  paid  probation  officers, 
such  officers  shall,  as  far  as  possible,  first  determine  if  such  pe- 
tition is  reasonably  justifiable.  Such  petition  shall  be  verified 
and  shall  contain  a  statement  of  facts  constituting  such  de- 
pendency or  delinquency,  as  defined  in  section  1  of  this  act, 
and  the  names  and  residence,  if  known  to  the  petitioner,  of 
the  parents,  guardian,  or  custodian  of  such  dependent  or  delin- 
quent child.  There  shall  be  no  fee  for  filing  such  petitions.  (L. 
'13,  p.  524,  §  5.) 

489.  Summons  and  notice  of  hearing 

Upon  the  filing  of  an  information,  or  the  petition,  the  clerk 
of  the  court  shall  issue  a  summons  requiring  the  person  having 
custody  or  control  of  the  child,  or  with  whom  the  child  may  be, 
to  appear  with  the  child  at  a  place  and  time  stated  in  the  sum- 
mons, which  time  shall  not  be  less  than  twenty-four  hours  after 
service.  The  parents  of  the  child,  if  living,  and  their  residence 
if  known,  or  its  legal  guardian,  if  there  be  one  or  if  there  is 


220  CODE  OF  PUBLIC  INSTRUCTION 

neither  parent  nor  guardian,  or  if  his  or  her  residence  is  not 
known,  then  some  relative,  if  there  be  one,  and  his  residence  is 
known,  shall  be  notified  of  the  proceedings ;  and  in  any  case  the 
judge  shall  appoint  some  suitable  person  or  association  to  act 
in  behalf  of  the  child.  If  the  person  summoned  as  herein  pro- 
vided shall  fail  without  reasonable  cause  to  appear  and  abide 
the  order  of  the  court,  or  bring  the  child,  he  shall  be  proceeded 
against  as  for  contempt  of  court.  In  case  the  summons  cannot 
be  served  or  the  parties  served  fail  to  obey  same,  and  in  any 
case  when  it  shall  be  made  to  appear  to  the  court  that  said 
summons  will  be  ineffectual,  a  warrant  may  issue  on  the  order 
of  the  court,  either  against  the  parent  or  guardian  or  the  per- 
son having  custody  of  the  child,  or  with  whom  the  child  may  be, 
or  against  the  child  itself.  On  return  of  the  summons  or  other 
process,  or  as  soon  thereafter  as  may  be,  the  court  shall  pro- 
ceed to  hear  and  dispose  of  the  case  in  a  summary  manner. 
Pending  the  final  disposition  of  the  case,  the  child  may  be  re- 
tained in  the  possession  of  the  person  having  charge  of  same, 
or  may  be  kept  in  some  suitable  place  provided  by  the  city  or 
county  authorities,  or  by  any  association  having  for  one  of  its 
objects  the  care  of  delinquent  and  dependent  children.  (L.  '13, 
p.  524,  §  6.) 

490.     Publication  of  summons 

In  any  case  where  it  shall  appear  by  the  petition  or  verified 
statement,  that  the  person  standing  in  the  position  of  natural 
or  legal  guardian  of  the  person  of  any  child,  is  a  non-resident 
of  this  state,  or  that  the  name  or  place  of  residence  or  where- 
abouts of  such  person  is  unknown,  as  well  as  in  all  cases  where, 
after  due  diligence,  the  officer  has  been  unable  to  make  service 
of  the  summons  or  notice  provided  for  in  section  6  of  this  act, 
the  court  may,  by  order,  direct  the  clerk  of  the  court  to  publish 
a  notice  four  consecutive  weeks  in  some  newspaper  printed  in 
the  county  and  having  a  general  circulation  therein.  Such  no- 
tice shall  be  directed  to  the  parent,  parents,  or  other  person 
claiming  the  right  to  the  custody  of  the  child,  if  their  names 
are  known,  and  if  unknown,  the  phrase  "To  Whom  It  May 


STATE  OF  WASHINGTON  %%\ 

Concern"  shall  be  used  and  apply  to,  and  be  binding  upon,  any 
such  persons  whose  names  are  unknown.  The  name  of  the  court, 
the  name  of  the  child  (or  children  if  of  one  family),  the  date 
of  the  filing  of  the  petition  and  the  date  of  hearing,  which  shall 
not  be  less  than  twenty  days  from  the  date  of  the  last  publica- 
tion, and  the  object  of  the  proceeding  in  general  terms,  shall 
be  set  forth  and  the  whole  shall  be  subscribed  by  the  clerk. 
There  shall  be  filed  with  the  clerk  an  affidavit  showing  due  pub- 
lication of  the  notice  and  the  cost  of  publication  shall  be  paid 
by  the  county  at  not  to  exceed  the  rate  paid  by  the  county  for 
other  legal  notices.  The  publication  of  notice  shall  be  deemed 
equivalent  to  personal  service  upon  all  persons,  known  or  un- 
known, who  have  been  designated  as  provided  in  this  section. 
(L.  '13,  p.  525,  §  7.) 

491.     Commitment — Parent  to  support  child 

When  any  child  under  the  age  of  eighteen  years  shall  be 
found  to  be  delinquent  or  dependent,  within  the  meaning  of  this 
act,  the  court  may,  at  any  time,  make  an  order  committing  the 
child  to  some  suitable  institution,  or  to  the  care  of  some  reput- 
able citizen  of  good  moral  character,  or  to  the  care  of  some 
training  school  or  industrial  school  as  provided  by  law,  or  to 
the  care  of  some  association  willing  to  receive  it,  embracing  in 
its  objects  the  purpose  of  caring  for  or  obtaining  homes  for 
dependent,  neglected,  or  delinquent  childen:  Provided,  Such 
order  may  be  temporary  or  permanent  in  the  discretion  of  the 
court  and  may  be  revoked  or  modified  as  the  circumstances  of 
the  case  may  thereafter  require.  In  any  case  in  which  the  court 
shall  find  the  child  dependent  or  delinquent,  it  may  in  the 
same  or  subsequent  proceeding  upon  the  parent  or  parents, 
guardian,  or  other  person  having  custody  of  said  child,  being 
duly  summoned  or  voluntarily  appearing,  proceed  to  inquire 
into  the  ability  of  such  persons  or  person  to  support  the  child 
or  contribute  to  its  support,  and  if  the  court  shall  find  such 
persor  or  persons  able  to  support  the  child  or  contribute 
thereto,  the  court  may  enter  such  order  or  decree  as  shall  be 
according  to  equity  in  the  premises,  and  may  enforce  the  same 


CODE  OP  PUBLIC  INSTRUCTION 


by  execution,  or  in  any  way  in  which  a  court  of  equity  may 
enforce  its  decrees.  If  it  be  found,  however,  that  the  parent 
or  parents  or  guardian  of  a  dependent  or  delinquent  child  is 
unable  to  pay  the  whole  expense  of  maintaining  such  child,  and 
in  cases  where  the  child  is  committed  to  one  of  the  institutions 
or  associations  above  mentioned,  the  court  may,  in  the  order 
providing  for  the  custody  of  such  child,  direct  such  additional 
amount  as  may  be  necessary  to  support  such  child  to  be  paid 
from  the  county  treasury  of  the  county  for  the  support  of 
such  person.  The  amount  so  ordered  to  be  paid  from  the 
treasury  of  said  county  shall  not  exceed  in  the  case  of  any 
one  person,  the  sum  of  twelve  dollars  per  month:  Provided, 
further,  That  no  order  for  the  payment  of  all  or  part  of  the 
expense  of  support  and  maintenance  of  a  dependent  or  de- 
linquent child  from  the  county  treasury  shall  be  effective  for 
more  than  six  months,  unless  a  new  order  is  secured  at  the 
expiration  of  that  period.     (L.  '13,  p.  525,  §  8.) 

492.     Award  and  adoption  of  children 

In  any  case  where  the  court  shall  award  a  child  to  the  care 
of  any  association  or  individual,  the  child  shall,  unless  other- 
wise ordered,  become  a  ward  and  be  subject  to  the  guardian- 
ship of  the  association  or  individual  to  whose  care  it  is  com- 
mitted; such  association  shall  have  authority,  with  the  assent 
of  the  court,  to  place  such  child  in  a  family  home,  either  tem- 
porarily or  for  adoption.  With  the  written  consent  of  the 
parents,  or  other  person  having  the  right,  under  the  laws  of 
this  state,  to  dispose  of  a  dependent  or  delinquent  child,  the 
court  may  make  an  order  or  decree  of  adoption  transferring 
to  any  suitable  person  or  persons,  willing  to  receive  such 
child,  all  the  rights  of  the  parent  or  other  guardian.  The 
order  of  the  court  made  upon  such  consent  will  be  binding 
upon  the  child  and  its  parents  or  guardian,  or  other  person, 
the  same  as  if  such  person  were  in  court  and  consented  thereto, 
whether  made  a  party  to  the  proceedings  or  not.  The  estate 
or  property  rights  of  any  child  shall  not  be  affected  nor  sub- 
ject to  guardianship  by  the  provisions  of  this  act.     The  juris- 


STATE  OF  WASHINGTON  ggg 


diction  of  the  court  shall  continue  over  every  child  brought 
before  the  court,  or  committed  pursuant  to  this  act,  and  the 
court  shall  have  power  to  order  a  change  in  the  care  or  cus- 
tody of  such  child,  if  at  any  time  it  is  made  to  appear  to  the 
court  that  it  would  be  for  the  best  interests  of  the  child  to 
make  such  change.  (L.  '13,  p.  527,  §  9.) 

493.     Court  proceedings  may  be  private 

The  hearings  may  be  conducted  in  any  room  provided  for 
the  purpose  in  the  court  house,  or  building  where  sessions  of 
the  court  are  held  and,  as  far  as  practicable,  such  cases  shall 
not  be  heard  in  conjunction  with  other  business  of  the  court. 
At  the  hearing  of  any  case  involving  a  child,  the  court  shall 
have  power  to  exclude  the  general  public  from  the  room  where 
the  hearing  is  had,  admitting  thereto  only  such  persons  as  may 
have  a  direct  interest  in  the  case.  Any  child  may  have  a  private 
hearing  upon  the  question  of  its  dependency  or  delinquency, 
and  upon  the  request  of  said  child,  or  either  of  its  parents,  or 
guardian,  or  custodian,  such  hearing  may  be  had  privately. 
An  order  of  court  adjudging  a  child  dependent  or  delinquent 
under  the  provisions  of  this  act  shall  in  no  case  be  deemed  a 
conviction  of  crime.  The  probation  officer's  investigation  rec- 
ord and  report  in  each  case,  shall  be  withheld  from  public  in- 
spection, but  such  records  shall  be  kept  open  to  the  inspection 
of  such  child,  its  parents,  or  guardian,  or  its  attorney,  and 
to  such  other  persons  as  may  secure  a  special  order  of  the 
court  therefor.  Such  records  shall  be  kept  as  unofficial  records 
of  the  court  and  shall  be  destroyed  at  any  time  in  the  discretion 
of  any  judge  presiding  in  said  court  on  or  before  the  child 
shall  arrive  at  the  age  of  twenty-one  years.  After  acquiring 
jurisdiction  over  any  child,  the  court  shall  have  power  to  make 
an  order  with  respect  to  the  custody,  care  or  control  of  such 
child,  or  any  order,  which  in  the  judgment  of  the  court,  would 
promote  the  child's  health  and  welfare.  In  any  case  of  a  de- 
linquent or  dependent  child,  the  court  may  continue  the  hear- 
ing from  time  to  time,  and  may  commit  the  child  to  the  care 
or  guardianship  of  a  probation  officer,  duly  appointed  by  the 


224  CODE  OP  PUBLIC  INSTRUCTION 

court,  and  may  allow  such  child  to  remain  at  its  own  home 
subject  to  the  visitation  of  the  probation  officer,  such  child  to 
report  to  the  probation  officer  as  often  as  may  be  required  and 
subject  to  being  returned  to  the  court  for  further  proceedings 
whenever  such  action  may  appear  to  be  necessary,  or  the  court 
may  commit  the  child  to  the  care  and  guardianship  of  the 
probation  officer,  to  be  placed  in  a  suitable  family  home,  in 
case  provision  is  made  by  voluntary  contribution  or  otherwise 
for  the  payment  of  the  board  of  the  child  until  a  suitable 
provision  may  be  made  for  the  child  in  a  home  without  such 
payment,  or  the  court  may  commit  the  child  to  a  suitable 
institution  for  the  care  of  delinquent  or  dependent  children. 
In  no  case  shall  a  child  be  committed  beyond  the  age  of  twenty- 
one  years.  A  child  committed  to  such  institution  shall  be 
subject  to  the  control  thereof  and  the  said  institution  shall 
have  the  power  to  parole  such  child,  on  such  conditions  as 
may  be  prescribed,  and  the  court  shall  have  power  to  dis- 
charge such  child  from  custody,  whenever,  in  the  judgment 
of  the  court,  his  or  her  reformation  shall  be  complete;  or  the 
court  may  commit  the  child  to  the  care  and  custody  of  some 
association  that  will  receive  such  child,  embracing  in  its  ob- 
jects the  care  of  neglected,  delinquent,  and  dependent  children. 
(L.  '13,  p.  527,  §  10.) 

494.     Child  not  to  be  detained  in  jail 

No  court  or  magistrate  shall  commit  a  child  under  sixteen 
years  of  age  to  a  jail,  common  lock-up,  or  police  station; 
but  if  such  child  is  unable  to  give  bail,  it  may  be  committed 
to  the  care  of  the  sheriff,  police  officer,  or  probation  officer, 
who  shall  keep  such  child  in  some  suitable  place  or  house  or 
school  of  detention  provided  by  the  city  or  county,  outside 
the  enclosure  of  any  jail  or  police  station,  or  in  the  care  of 
any  association  willing  to  receive  it  and  having  as  one  of  its 
objects  the  care  of  delinquent,  dependent  or  neglected  children. 
When  any  child  shall  be  sentenced  to  confinement  in  any  in- 
stitution to  which  adult  convicts  are  sentenced,  it  shall  be  un- 
lawful to   confine   such  child  in   the   same  building  with  such 


STATE  OP  WASHINGTON  335 

adult  convicts,  or  to  bring  such  child  into  any  yard  or  build- 
ing in  which  such  adult  convicts  may  be  present.  (L.  '13,  p. 
529,  §  11.) 

495.  Justice  court  cases  transferred  to  juvenile  court 

When,  in  any  county  where  a  court  is  held  as  provided  in 
section  2  of  this  act,  a  child  under  the  age  of  eighteen  years 
is  arrested  with  or  without  warrant,  such  child  may,  instead 
of  being  taken  before  a  justice  of  the  peace  or  police  magis- 
trate, be  taken  directly  before  such  court;  or  if  the  child  is 
taken  before  a  justice  of  the  peace  or  police  magistrate,  it 
shall  be  the  duty  of  such  justice  of  the  peace  or  police  magis- 
trate to  transfer  the  case  to  such  court,  and  the  officer  having 
the  child  in  charge  shall  take  the  child  before  that  court,  and 
in  any  such  case,  the  court  may  proceed  to  hear  and  dispose 
of  the  case  in  the  same  manner  as  if  the  child  had  been  brought 
before  the  court  upon  petition  as  hereinbefore  provided.  In 
any  such  case,  the  court  shall  require  notice  to  be  given  and 
investigation  to  be  made  as  in  other  cases  under  this  act,  and 
may  adjourn  the  hearing  from  time  to  time  for  such  purpose. 
If,  upon  investigation,  it  shall  appear  that  a  child  has  been 
arrested  upon  the  charge  of  having  committed  a  crime,  the 
court,  in  its  discretion,  may  order  such  child  to  be  turned  over 
to  the  proper  officers  for  trial  under  the  provisions  of  the 
criminal  code.     (L.  '13,  p.  529,  §  12.) 

496.  Detention  rooms  required 

Counties  containing  more  than  fifty  thousand  inhabitants 
shall,  and  counties  containing  a  lesser  number  of  inhabitants 
may,  provide  and  maintain  at  public  expense,  a  detention  room 
or  house  of  detention,  separated  or  removed  from  any  jail,  or 
police  station,  to  be  in  charge  of  a  matron,  or  other  person 
of  good  character,  wherein  all  children  within  the  provisions 
of  this  act  shall,  when  necessary,  be  sheltered.  (L.  '13,  p.  530, 
§13-) 

—8 


%%6  CODE  OF  PUBLIC  INSTRUCTION 

497.  Liberal  construction  of  act 

This  act  shall  be  liberally  construed  to  the  end  that  its 
purpose  may  be  carried  out,  to-wit:  that  the  care,  custody 
and  discipline  of  a  dependent  or  delinquent  child  as  defined  in 
this  act  shall  approximate  as  nearly  as  may  be  that  which 
should  be  given  by  its  parents,  and  in  all  cases  where  it  can 
be  properly  done,  the  dependent  or  delinquent  child  as  defined 
in  this  act  shall  be  placed  in  an  approved  family  and  may  be- 
come a  member  of  the  family,  by  adoption  or  otherwise.  No 
dependent  or  delinquent  child  as  defined  in  this  act  shall  be 
taken  from  the  custody  of  its  parent,  parents  or  legal  guar- 
dian, without  the  consent  of  such  parent,  parents  or  guardian, 
unless  the  court  shall  find  such  parent,  parents  or  guardian 
is  incapable  or  has  failed  or  neglected  to  provide  proper  main- 
tenance, training  and  education  for  said  child ;  or  unless  said 
child  has  been  tried  on  probation  in  said  custody,  and  has 
failed  to  reform,  or  unless  the  court  shall  find  that  the  welfare 
of  said  child  requires  that  his  custody  shall  be  taken  from 
said  parent  or  guardian.  In  this  act,  the  words  used  in  any 
gender  shall  include  all  other  genders,  and  the  word  "county" 
shall  include  "city  and  county,"  the  plural  shall  include  the 
singular  and  the  singular  shall  include  the  plural.  (L.  '13,  p. 
530,  §  14.) 

498.  Court  may  change  order 

Any  order  made  by  the  court  in  the  case  of  a  dependent  or 
delinquent  child  may  at  any  time  be  changed,  modified  or  set 
aside,  as  to  the  judge  may  seem  meet  and  proper.  (L.  '13,  p. 
530,  §  15.) 

499.  Fees  not  allowable 

No  fees  shall  be  charged  or  collected  by  any  officer  or  other 
person  for  filing  petition,  serving  summons,  or  other  process 
under  this  act.     (L.  '13,  p.  531,  §  16,) 

500.  Penalty  for  delinquency  of  child 

In  all  cases  where  any  child  shall  be  dependent  or  delin- 
quent under  the  terms  of  this  act,  the  parent  or  parents,  legal 


STATE  OF  WASHINGTON  227 

guardian  or  person  having  custody  of  such  child,  or  any  other 
person  who  shall  by  any  act  or  omission,  encourage,  cause  or 
contribute  to  the  dependency  or  delinquency  of  such  child  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  punished  by  fine  not  exceeding  one  thousand  dollars,  or  im- 
prisonment in  the  county  jail  for  not  more  than  one  year,  or 
by  both  such  fine  and  imprisonment,  and  the  juvenile  court 
shall  have  jurisdiction  of  all  such  misdemeanors:  Provided, 
however,  That  the  court  may  suspend  sentence  for  a  violation 
of  the  provisions  of  this  section  and  impose  conditions  as  to 
conduct  in  the  premises  of  any  person  so  convicted,  and  make 
such  suspension  to  depend  upon  the  fulfillment  by  such  person 
of  such  conditions,  and,  in  case  of  the  breach  of  such  condi- 
tions, or  any  thereof,  the  court  may  impose  sentence  as  though 
there  had  been  no  such  suspension.  The  court  may  also,  as  a 
condition  of  such  suspension,  require  a  bond  in  such  sum  as 
the  court  may  designate,  to  be  approved  by  the  judge  requir- 
ing same,  to  secure  the  performance  by  such  persons  on  the 
conditions  imposed  by  the  court  on  such  suspension.  Such 
bond  shall,  by  its  terms,  be  made  payable  to  the  State  of  Wash- 
ington, and  any  moneys  received  for  a  breach  thereof  shall 
be  paid  into  the  county  treasury.     (L.  '13,  p.  531,  §  17.) 

501.     Board  of  visitation 

In  each  county,  the  judge  presiding  over  the  juvenile  court 
sessions,  as  defined  in  this  act,  may  appoint  a  board  of  four 
reputable  citizens,  who  shall  serve  without  compensation,  to 
constitute  a  board  of  visitation,  whose  duty  it  shall  be  to  visit 
as  often  as  twice  a  year  all  institutions,  societies  and  associa- 
tions within  the  county  receiving  children  under  this  act,  as 
well  as  all  homes  for  children  or  other  places  where  individuals 
are  holding  themselves  out  as  caretakers  of  children,  also  to 
visit  other  institutions,  societies  and  associations  within  the 
state  receiving  and  caring  for  children,  whenever  requested  to 
do  so  by  the  judge  of  the  juvenile  court:  Provided,  The  actual 
expenses  of  such  board  may  be  paid  by  the  county  commission- 
ers  when  members  thereof  are   requested  to   visit  institutions 


228  CODE  OP  PUBLIC  INSTRUCTION 

outside  of  the  county  seat,  and  no  member  of  the  board  shall 
be  required  to  visit  any  institution  outside  the  county  unless 
his  actual  traveling  expenses  shall  be  paid  as  aforesaid.  Such 
visits  shall  be  made  by  not  less  than  two  members  of  the  board, 
who  shall  go  together  or  make  a  joint  report.  The  board  of 
visitors  shall  report  to  the  court  from  time  to  time  the  con- 
dition of  children  received  by  or  in  charge  of  such  institutions, 
societies,  associations,  or  individuals.  It  shall  be  the  duty  of 
every  institution,  society,  or  association,  or  individual  receiving 
and  caring  for  children  to  permit  any  member  or  members  of 
the  board  of  visitation  to  visit  and  inspect  such  institution, 
society,  association  or  home  where  such  child  is  kept,  in  all  its 
departments,  so  that  a  full  report  may  be  made  to  the  court. 
(L.  '13,  p.  531,  §  18.) 

502.  Repealing  clause 

Sections  1987,  1988,  1989,  1990,  1991,  1992,  1993,  1994, 
1995,  1996,  1997,  1998,  1999,  2000,  2001,  2002,  2003,  and 
2004  of  Remington  and  Ballinger's  Annotated  Codes  and  Stat- 
utes of  Washington  and  chapter  56  of  the  Laws  of  1911  are 
hereby  repealed.     (L.  '13,  p.  532,  §  19.) 

STATE  SCHOOL  FOR  GIRLS 

503.  Name  of  school 

That  there  be  established  an  institution  which  shall  be  known 
as  the  State  School  for  Girls.     (L.  '13,  p.  513,  §  1.) 

504.  Site 

The  Governor  shall  appoint  four  electors  of  the  State  of 
Washington,  two  of  whom  shall  be  women,  who,  together  with 
the  members  of  the  State  Board  of  Control,  shall  select  a  site 
for  such  school,  to  consist  of  not  more  than  one  hundred 
sixty  acres  of  fertile  land,  and  at  a  cost  not  to  exceed  the  sum 
of  one  hundred  fifty  dollars  ($150)  per  acre,  said  site  to  be 
within  a  radius  of  not  less  than  one  mile  and  not  more  than  ten 
miles  of  the  State  Training  School  at  Chehalis.  As  soon  as  the 
site  has  been  selected,  the  State  Board  of  Control  shall  at  once 
proceed  to  the  erection  and  equipment  of  such  buildings  as 
may  be  necessary,   the  number,  kind  and  character   of  which 


STATE  OF  WASHINGTON  339 

shall  be  determined  by  the  State  Board  of  Control  acting  as  a 
joint  commission  with  the  four  electors  above  mentioned.  In 
the  construction  and  arrangement  of  buildings,  the  cottage 
plan  shall  be  followed  as  far  as  practicable,  each  cottage  to 
provide  for  a  group  of  not  to  exceed  thirty  girls :  Provided, 
That  the  above  named  electors  shall  serve  without  compensation 
other  than  necessary  expenses.     (L.  '13,  p.  513,  §  &.) 

505.  Officers 

The  government,  control  and  business  management  of  such 
school  shall  be  vested  in  the  State  Board  of  Control.  The  board 
shall,  with  the  approval  of  the  Governor,  appoint  a  suitable 
superintendent  of  said  school  and  shall  designate  the  number 
of  subordinate  officers  and  employes  to  be  employed,  and  fix 
their  respective  salaries,  and  have  power,  with  the  like  ap- 
proval, to  make  and  enforce  all  such  rules  and  regulations  for 
the  administration,  government  and  discipline  of  the  school  as 
they  may  deem  just  and  proper,  not  inconsistent  with  this  act. 
The  superintendent  and  all  subordinate  officers  of  the  school 
shall  be  women:  Provided,  however,  If  a  married  woman  be 
appointed  superintendent  or  to  any  subordinate  position, 
the  husband  of  such  appointeee  may,  with  the  consent  of  the 
board,  reside  at  the  institution,  and  may  be  assigned  such  du- 
ties or  employment  as  the  board  may  prescribe.  (L.  '13,  p. 
514,  §  3.) 

506.  Superintendent  to  give  bond 

Before  entering  upon  the  discharge  of  her  duties,  the  super- 
intendent shall  give  a  surety  bond  payable  to  the  State  of 
Washington  in  such  sum  as  the  Board  of  Control  shall  pre- 
scribe, to  be  approved  by  the  said  board,  conditioned  for  the 
faithful  performance  of  her  duties,  and  that  she  will  faithfully 
account  for  all  moneys,  property  and  effects  of  the  institution 
or  the  inmates  intrusted  to  her  care.     (L.  '13,  p.  514,  §  4.) 

507.  Duties  of  superintendent 

The  superintendent,  subject  to  the  direction  and  approval 
of  the  Board  of  Control  shall:  (1)  Have  general  supervision 
and  control  of  the  grounds  and  buildings  of  the  institution,  the 


CODE  OP  PUBLIC  INSTRUCTION 


subordinate  officers  and  employes,  and  the  inmates  thereof, 
and  all  matters  relating  to  their  government  and  discipline; 
(2)  make  such  rules,  regulations  and  orders,  not  inconsistent 
with  law  or  with  the  rules,  regulations  or  directions  of  the 
Board  of  Control,  as  may  seem  to  her  proper  or  necessary  for 
the  government  of  such  institution  and  for  the  employment, 
discipline  and  education  of  the  inmates ;  (3)  exercise  such  other 
powers,  and  perform  such  other  duties  as  the  Board  of  Control 
may  prescribe;  and  (4)  have  power  to  engage  and  remove  all 
employes,  subject  to  the  approval  of  the  Board  of  Control.  (L. 
'13,  p.  515,  §  5.) 

508.  Age  of  commitment 

Any  girl  more  than  ten  and  under  eighteen  years  of  age, 
who  has  been  found  delinquent  under  the  juvenile  delinquency 
law  of  this  state,  may  be  committed  by  the  court  to  the  State 
School  for  Girls,  there  to  remain  until  twenty-one  years  of  age, 
unless  sooner  paroled  or  discharged  as  provided  in  sections  8 
and  9  of  this  act,  and  such  commitment  shall  not  be  subject 
to  modification  or  revocation.     (L.  '13,  p.  515,  §  6.) 

509.  Court  record  of  girl 

The  superior  court  shall  cause  a  memorandum  to  be  made 
and  kept  of  the  name,  age,  birthplace,  occupation,  last  place 
of  residence,  and  previous  record  of  such  girl,  and  the  names 
and  places  of  residence  of  the  parents,  next  of  kin  or  guardian 
of  such  girl,  a  copy  of  which  shall  be  furnished  to  the  superin- 
tendent at  the  time  of  the  commitment  to  the  school.  The  court 
shall  find  and  determine  the  age  of  the  girl,  which  shall  be 
stated  in  the  order  for  commitment.  Such  finding  shall  be  con- 
clusive evidence  as  to  such  age  in  any  action  to  recover  damages 
for  detention  and  shall  be  presumptivve  evidence  in  any  other 
inquiry,  action  or  proceeding.     (L.  '13,  p.  515,  §  7.) 

510.  Plan  of  parole 

The  Board  of  Control,  acting  with  the  superintendent,  shall, 
under  a  system  of  marks,  or  otherwise,  fix  upon  a  uniform  plan 
by  which  girls  may  be  paroled  or  discharged  from  the  school, 
which  system  shall  be  subject  to  revision  from  time  to  time. 


STATE  OF  WASHINGTON  231 

Each  girl  shall  be  credited  for  personal  demeanor,  diligence  in 
labor  or  study  and  for  the  results  acomplished,  and  charged  for 
derelictions,  negligence  or  offense.  The  standing  of  each  girl 
shall  be  made  known  to  her  as  often  as  once  a  month.  (L.  '13, 
p.  516,  §  8.) 

511.  Conditional  parole 

Every  girl  shall  be  entitled  to  a  trial  on  parole  before  reach- 
ing the  age  of  twenty  years,  such  parole  to  continue  for  at  least 
one  year  unless  violated.  The  superintendent  and  resident  phy- 
sician, with  the  approval  of  the  Board  of  Control,  shall  deter- 
mine whether  such  parole  has  been  violated.  Any  girl  com- 
mitted to  the  school  who  shall  escape  therefrom  or  who  shall 
violate  a  parole,  may  be  apprehended  and  returned  to  the  school 
by  any  officer  or  citizen  on  written  order  or  request  of  the  su- 
perintendent. Any  person  who  shall  go  upon  the  school  grounds 
except  on  lawful  business,  or  by  consent  of  the  superintendent, 
or  who  shall  entice  any  girl  away  from  the  school,  or  who  shall 
in  any  way  interfere  with  its  management  or  discipline,  shall 
be  guilty  of  a  misdemeanor.     (L.  '13,  p.  516,  §  9.) 

512.  Girls  must  be  of  sound  mind 

No  girl  shall  be  received  in  the  State  School  for  Girls  who 
is  not  of  sound  mind,  or  who  is  subject  to  epileptic  or  other 
fits,  or  is  not  possessed  of  that  degree  of  bodily  health  which 
should  render  her  a  fit  subject  for  the  discipline  of  the  school. 
It  shall  be  the  duty  of  the  court  committing  her  to  cause  such 
girl  to  be  examined  by  a  reputable  physician  to  be  appointed 
by  the  court,  who  will  certify  to  the  above  facts,  which  certificate 
shall  be  forwarded  to  the  school  with  the  commitment.  Any 
girl  who  may  have  been  committed  to  the  school,  not  complying 
with  the  above  requirements,  may  be  returned  by  the  superin- 
tendent to  the  court  making  the  commitment,  or  to  the  officer 
or  institution  last  having  her  in  charge.  The  Board  of  Control 
shall  arrange  for  the  transportation  of  all  girls  to  and  from 
the  school.     (L.  '13,  p.  516,  §  10.) 


CODE  OF  PUBLIC  INSTRUCTION 


513.  Teachers — Part  of  school  system 

It  shall  be  the  duty  of  the  superintendent,  subject  to  the  ap- 
proval of  the  Board  of  Control,  to  employ  teachers,  and  as  far 
as  practicable,  to  instruct  the  girls  in  all  of  the  branches  usu- 
ally taught  in  the  grades  of  the  common  schools  of  the  state, 
also  in  such  trades  and  vocational  occupations  as  may  be  found 
desirable.  The  educational  work  of  the  school  shall  be  a  part 
of  the  educational  system  of  the  state,  and  as  such  shall  be 
under  the  supervision  of  the  State  Board  of  Education.  Only 
those  certified  by  the  State  Superintendent  of  Public  Instruc- 
tion shall  be  employed  as  teachers.     (L.  'IS,  p.  517,  §  11.) 

514.  Girls  may  receive  wages  or  be  apprenticed 

The  superintendent  shall  have  power  to  place  any  girl  under 
the  age  of  eighteen  years  at  any  employment  for  account  of 
the  institution  or  the  girl  employed,  and  receive  and  hold  the 
whole  or  any  part  of  her  wages  for  the  benefit  of  the  girl  less 
the  amount  necessary  for  her  board  and  keep,  and  may  also, 
with  the  consent  of  any  girl  over  fourteen  years  of  age,  and 
the  approval  of  the  State  Board  of  Control  endorsed  thereon, 
execute  indentures  of  apprenticeship,  which  shall  be  binding  on 
all  parties  thereto.  In  case  any  girl  so  apprenticed  shall  prove 
untrustworthy  or  unsatisfactory,  the  superintendent  may  per- 
mit her  to  be  returned  to  the  school,  and  the  indenture  may  there- 
upon be  cancelled.  If  such  girl  shall  have  an  unsuitable  em- 
ployer, the  superintendent  may,  with  the  approval  of  the 
Board  of  Control,  take  her  back  to  the  school,  and  cancel  the 
indenture  of  apprenticeship.  All  indentures  so  made  shall  be 
filed  and  kept  in  the  school.  A  system  may  also  be  established, 
providing  for  compensation  to  girls  for  services  rendered,  and 
payments  may  be  made  from  time  to  time,  not  to  exceed  in  the 
aggregate  to  any  one  girl  the  sum  of  twenty-five  dollars  for 
each  year  of  service.     (L.  '13,  p.  517,  §  12.) 

515.  Transfer  of  girls  from  the  State  Training  School  at  Chehalis 
As  soon  as  the  school  buildings  have  been  erected  and  equipped 

all  girls  then  in  the  Washington  State  Training  School  at  Che- 
halis,  shall  be  transferred  to   the   State   School  for  Girls,   all 


STATE  OF  WASHINGTON 


who  may  then  be  on  parole  shall  be  transferred  to  the  super- 
vision of  said  school.  Both  shall  thereafter  be  subject  to  all 
the  laws,  rules,  and  regulations  governing  the  school  last  men- 
tioned.    (L.  '13,  p.  517,  §  13.) 

516.  Appropriation 

There  is  hereby  appropriated  out  of  any  money  in. the  state 
treasury,  not  otherwise  appropriated,  the  sum  of  one  hundred 
and  twenty-five  thousand  dollars  ($125,000),  or  so  much  there- 
of as  may  be  necessary  to  carry  out  the  provisions  of  this  act. 
(L.  '13,  p.  518,  §  14.) 

THE  STATE  TRAINING  SCHOOL 

517.  Establishment  of 

A  reform  school  shall  be  and  is  hereby  established  to  be 
known  as  the  Washington  State  Training  School.  (L.  '07,  p. 
171,  §  1;  Rem.  &Bal.,  §  8596.) 

See,  supra,  §  503,  et  seq.,  Code  Pub.  Ins.,  Girls'  State  Training  School. 
For  attempted  legislation  on  this  subject  see,  supra,  §  63,  Code  Pub  Ins.,  and 
note. 

518.  Aim  and  purpose  of 

Said  school  to  be  for  the  keeping  and  reformatory  training 
of  all  youths  between  the  ages  of  eight  and  eighteen  who  are 
residents  of  the  state  of  Washington,  and  who,  on  presentation 
to  the  presiding  officer  of  said  school  by  an  accompanying  officer, 
parent,  or  guardian,  shall  be  accompanied  by  a  certificate  of 
commitment  from  a  court  legally  authorized  to  make  such  com- 
mitment.    (L.  '90,  p.  272,  §  2;  Rem.  &  Bal.,  §  8597.) 

This  section  harmonizes  with  §  64,  supra,  Code  Pub.  Ins. 
See  note,  supra,  §  63,  Code  Pub.  Ins. 

519.  Bills  to  be  certified,  audited,  etc. — Payment  of 

All  bills  against  the  state  for  supplies  or  materials  furnished 
or  labor  performed  in  connection  with  said  school  shall  be  cer- 
tified to  by  the  president  and  secretary  of  the  Board  of  Control, 
and  such  board  shall  not  certify  to  any  bill  or  sanction  the  pay- 
ment of  any  account  for  labor  performed,  or  material  or  sup- 
plies furnished,  except  the  same  shall  have  been  duly  contracted 
for  and  the  provisions  of  the  contract  fully  complied  with.    All 


g34  CODE  OF  PUBLIC  INSTRUCTION 

bills  and  accounts  of  said  school  shall  be  audited  by  the  State 
Auditor,  who  shall  draw  a  warrant  on  the  State  Treasurer  for 
the  amount  so  certified  to  by  the  president  and  secretary  of  the 
board,  which  warrant  shall  state  on  its  face  the  person  in  whose 
favor  it  is  drawn,  and  for  what  particular  purpose  it  was 
drawn;  but  the  Auditor  shall  draw  no  warrant  for  any  bill  or 
account  connected  with  said  school,  except  said  bill  or  account  be 
certified  to  according  to  the  provisions  of  this  act.  (L.  '90, 
p.  274,  §  10;    Rem.  &  Bal.,  §  8598.) 

The  present  force  of  this  section  is  doubtful. 
See  §§  8931  and  8953,  Rem.  &  Bal. 

520.  Employment  of  director  and  matron — Appointments 

The  superintendent  shall  have  immediate  control  of  the  male 
department  of  said  school,  and  shall,  by  and  with  the  consent  of 
the  board,  employ  a  matron  who  shall  have  immediate  control 
of  the  female  department  of  the  school,  and  the  superintendent 
shall  also  appoint  such  other  officers  and  teachers  as  may  be  nec- 
essary for  the  management  of  the  school.  (L.  '90,  p.  275,  §  13; 
Rem.  &  Bal.,  §  8599.) 

521.  Superintendent  to  give  bond 

The  superintendent,  before  entering  upon  the  duties  of  his 
office,  shall  execute  and  file  with  the  board  a  bond,  with  good 
and  approved  sureties,  in  the  sum  of  five  thousand  dollars, 
conditioned  for  the  faithful  performance  of  his  duties  as  su- 
perintendent of  said  training  school.  (L.  '90,  p.  275,  §  15 ; 
Rem.  &  Bal.,  §  8600.) 

522.  Powers  and  duties  of  superintendent 

The  superintendent  shall  be  present  at  all  meetings  of  the 
board  after  his  appointment  and  qualification,  and  shall  there 
confer  with  the  board  regarding  the  management  and  inter- 
ests of  the  school.  He  shall  have  entire  supervision  of  the 
school,  subject,  however,  to  the  control  of  the  board,  and  shall 
hold  his  office  during  the  pleasure  of  the  same.  (L.  '90,  p.  276, 
§  16;  Rem.  &  Bal.,  §  8600i/2.) 

See,   §  8936,  Rem.  &  Bal.,  term  of  office  four  years. 


STATE  OF  WASHINGTON  335 

523.  Investigation  by  board — Inmate  to  be  returned,  when 

It  shall  be  the  duty  of  the  board  to  investigate  any  and  all 
complaints  made  against  the  superintendent,  matron,  or  any 
employe  of  said  training  school,  and  for  good  and  sufficient 
reason  remove  the  person  against  whom  such  complaint  have 
been  made.  The  board  shall  further  investigate  any  and  all 
charges  made  by  the  superintendent  against  any  inmate  or 
inmates  of  the  school,  and  if,  after  the  investigation  of  such 
charges,  any  inmate  or  inmates  of  said  school  shall  be  found 
incorrigible,  unmanageable,  or  detrimental  to  the  best  inter- 
ests of  the  school,  such  inmate  or  inmates,  as  the  case  may  be, 
shall  be  returned  to   the  court  which  made  the   commitment. 

(L.  '90,  p.  276,  §  17;  Rem.  &  Bal.,  §  8601.) 
> 

524.  Separation  of  sexes 

Said  State  Training  School  shall  consist  of  two  depart- 
ments, one  for  the  male  and  one  for  the  female  inmates,  and 
the  two  departments  shall  be  entirely  separate.  The  matron 
shall  be  directly  accountable  to  the  superintendent  for  the 
management  of  the  female  department  of  the  school.  (L.  '90, 
p.  276,  §  18;  Rem.  &  Bal.,  §  8602.) 

See,  supra,  §  503,  Code  Pub.  Ins.,  establishment  of  State  Training  School  for 
Girls. 

525.  Branches  to  be  taught  and  instruction  given — Nature  of 

All  the  branches  taught  in  the  public  schools  of  the  state 
shall  be  taught  in  the  State  Training  School,  and  the  inmates 
shall  be  taught  and  trained  in  morality,  temperance,  and  fru- 
gality, and  they  shall  also  be  instructed  in  the  different  trades 
and  callings  of  the  two  sexes,  as  far  as  possible  in  the  scope 
of  the  institution.     (L.  '90,  p.  276,  §  19 ;  Rem.  &  Bal.,  §  8603.) 

See,  supra,  §  69,  Code  Pub.   Ins.,  this  section  duplicated. 
See  note,  supra,  §  63,  Code  Pub.  Ins. 

526.  Superintendent  to  make  report,  when 

The  superintendent  shall,  at  the  close  of  each  year,  make  a 
full  and  complete  report  to  the  board  of  the  condition,  num- 
ber, and  standing  of  the  inmates  of  the  school,  as  well  as  the 
number  received   and  the  number  dismissed  during  the  year, 


236  CODE  OF  PUBLIC  INSTRUCTION 

and  he  shall  give  such  further  information  as  the  board  may 
require.     (L.  '90,  p.  276,  §  81;  Rem.  &  Bal.,  §  8604.) 

PARENTAL  SCHOOLS 

527.  Establishment  in  cities  of  50,000 

In  cities  having  a  population  of  fifty  thousand  inhabitants  or 
more,  there  may  be  established,  maintained  and  conducted,  one  or 
more  parental  or  truant  schools,  for  the  purpose  of  affording 
a  place  of  confinement,  discipline,  instruction,  and  maintenance 
of  children  of  compulsory  school  age  who  may  be  committed 
thereto  in  the  manner  hereinafter  provided.  (L.  ?03,  p.  109, 
§  1;  Rem.  &  Bal.,  §8605.) 

See,  supra,  §  250,  Code  Pub.  Ins.,  apportionment  of  funds. 
See,  supra,  §  484  et  seq.,  Code  Pub.  Ins.,  Juvenile  Court  Law. 

528.  Sites  purchased   or   leased — Location — Furnishing 

For  the  purpose  of  establishing  such  school  or  schools,  sites 
may  be  purchased  and  buildings  constructed  or  premises  rented 
in  the  same  manner  as  in  the  case  of  public  schools  in  such  cities. 
And  in  addition  school  or  schools  may  be  established  and  site 
or  sites  may  be  purchased  and  buildings  constructed  or  prem- 
ises rented  outside  of  said  cities:  Provided,  No  school  or 
schools  shall  be  established,  or  sites  be  purchased,  any  buildings 
constructed  or  premises  rented  which  shall  be  distant  more 
than  ten  miles  from  the  city  so  establishing  or  erecting  said 
schools  or  purchasing  said  site  or  sites:  And,  provided  further, 
That  no  school  shall  be  erected  at  or  near  any  penal  institution. 
And  it  shall  be  the  duty  of  the  board  of  directors  to  furnish  all 
such  schools  which  are  by  them  at  any  place  established,  with 
said  furniture,  fixtures,  apparatus  and  provisions  as  may  be 
necessary  for  the  maintenance  and  operation  thereof.  (L.  '03, 
p.  109,  §  2;  Rem.  &  Bal.,  §  8606.) 

529.  Superintendent,  officers,  teachers,  etc. 

The  board  of  directors  may  also  employ  a  superintendent 
and  all  other  necessary  officers,  agents  and  teachers,  and  shall 
prescribe  the  methods  of  discipline  and  the  course  of  instruc- 
tion, and  shall  exercise  the  same  powers  and  perform  the  same 


STATE  OF  WASHINGTON  337 

duties  as  is  prescribed  by  law  for  the  management  of  other 
schools.     (L.  '03,  p.  110,  §  3;  Rem.  &  Bal.,  §  8607.) 

530.  Religious  services 

No  religious  instruction  shall  be  given  in  such  school,  but  the 
board  of  directors  may  make  suitable  regulations  so  that  the 
inmates  may  receive  religious  training,  either  by  allowing  re- 
ligious services  to  be  established  in  the  institution,  or  by  arrang- 
ing for  attendance  elsewhere.  (L.  '03,  p.  110,  §  4 ;  Rem.  & 
Bal.,  §  8608.) 

531.  Petition  to  superior  court  for  commitment 

It  shall  be  the  duty  of  any  truant  officer  or  agent  of  such 
board  of  directors  to  petition,  and  any  reputable  citizen  of  the 
city  may  petition  the  superior  court,  to  inquire  into  the  case 
of  any  child  of  compulsory  school  age,  who  is  not  attending 
school,  or  who  has  been  guilty  of  habitual  truancy,  or  of  per- 
sistent violation  of  the  rules  of  the  public  school,  and  the  peti- 
tion shall  also  state  the  name,  if  known,  of  the  father  and  mother 
of  said  child,  or  the  survivor  of  them;  and  if  neither  father  or 
mother  of  said  child  is  living  or  cannot  be  found  in  the  county 
or  if  their  names  cannot  be  ascertained,  then  the  name  of  the 
guardian  if  there  be  one  known,  and  if  there  be  a  parent  living 
whose  name  can  be  ascertained,  or  guardian,  the  petition  shall 
show  whether  or  not  the  father  or  mother  or  guardian  consents 
to  the  commitment  of  child  to  such  parental  or  truant  school. 
Such  petition  shall  be  verified  by  oath  upon  the  belief  of  the 
petitioner  and  upon  being  filed  the  judge  of  the  superior  court 
for  such  child  named  in  the  petition  brought  before  him  for 
the  purpose  of  determining  the  application  in  said  petition  con- 
tained. But  no  child  shall  be  committed  to  such  school  who  has 
ever  been  convicted  of  any  offense  punishable  by  confinement  in 
any  penal  institution.  (L.  '03,  p.  110,  §5;  Rem.  &  Bal., 
§  8609.) 

532.  Procedure — Notice  of  hearing 

Upon  the  filing  of  such  petition  the  clerk  of  the  court  shall 
issue  a  writ  to  the  sheriff  of  the  county  directing  him  to  bring 


238  CODE  OF  PUBLIC  INSTRUCTION 

such  child  before  the  court ;  and  if  the  court  shall  find  that  the 
material  facts  set  forth  in  the  petition  are  true,  and  in  the  opin- 
ion of  the  court  such  child  is  a  fit  person  to  be  committed  to 
such  parental  or  truant  school,  an  order  shall  be  entered  that 
such  child  be  committed  to  such  parental  or  truant  school,  to  be 
kept  there  until  he  or  she  arrives  at  the  age  of  fourteen  years, 
unless  sooner  discharged  in  the  manner  hereinafter  set  forth. 
Before  the  hearing  aforesaid,  notice  in  writing  shall  be  given 
to  the  parent  or  guardian  of  such  child  if  known,  of  the  pro- 
ceedings about  to  be  instituted,  that  he  or  she  may  appear  and 
resist  the  same  if  they  so  desire.  (L.  '03,  p.  110,  §  6;  Rem.  & 
Bal.,  §  8610.) 

533.  Parents  to  provide  clothing 

It  shall  be  the  duty  of  the  parent  or  guardian  of  any  child 
committed  to  this  school  to  provide  suitable  clothing  upon  his 
or  her  entry  into  such  school  and  from  time  to  time  thereafter 
as  it  may  be  needed,  upon  notice  in  writing  from  the  superin- 
tendent or  other  proper  officer  of  the  school.  In  case  any  par- 
ent or  guardian  shall  refuse  or  neglect  to  furnish  such  clothing 
the  same  may  be  provided  by  the  board  of  school  directors,  and 
such  board  may  have  an  action,  in  the  name  of  said  directors, 
against  such  parent  or  guardian  of  said  child  to  recover  the 
cost  of  such  clothing  with  ten  (10)  per  cent,  addition  thereto. 
(L.  '03,  p.  Ill,  §  7;  Rem.  &  Bal.,  §  8611.) 

534.  Rules  and  regulations  by  Board  of  Education — Parole 

The  board  of  education  of  such  city  shall  have  power  to  estab- 
lish rules  and  regulations  under  which  children  committed 
to  such  parental  or  truant  schools  may  be  allowed  to  return 
home  upon  parole,  but  to  remain  while  upon  parole  in  the  legal 
custody  and  under  control  of  the  officers  and  agents  of  such 
school,  and  subject  at  any  time  to  be  taken  back  within  the  in- 
closure  of  such  school  by  the  superintendent  or  any  authorized 
officer  of  such  school  except  as  hereinafter  provided;  and  full 
power  to  enforce  such  rules  and  regulations  to  take  any  such 
child  upon  parole  is  hereby  conferred  upon  the  board  of  school 
directors.  No  child  shall  be  released  upon  parole  in  less  than  four 


STATE  OP  WASHINGTON 


239 


weeks  from  the  time  of  his  or  her  commitment  nor  thereafter 
until  the  superintendent  of  such  parental  or  truant  school  shall 
have  become  satisfied  from  the  conduct  of  such  child  that  if 
paroled,  he  or  she  will  attend  regularly  the  public  or  private 
school  to  which  he  or  she  may  be  sent  by  his  or  her  parents  or 
guardian,  and  shall  so  certify  to  said  board  of  school  directors. 
(L.  '03,  p.  Ill,  §  8;  Rem.  &  Bal.,  §  8612.) 

535.  Monthly  reports — Final  discharge 

It  shall  be  the  duty  of  the  principal  or  other  person  having 
charge  of  the  school  to  which  such  child  so  released  on  parole 
may  be  sent  to  report  at  least  once  each  month  to  the  superin- 
tendent of  the  parental  or  truant  school  stating  whether  or  not 
such  child  attends  school  regularly,  and  obeys  the  rules  and  re- 
quirements of  said  school,  and  if  such  child  so  released  upon 
parole  shall  be  regular  in  his  or  her  attendance  at  school  and  his 
or  her  conduct  shall  be  satisfactory  for  a  period  of  one  year  from 
date  on  which  he  or  she  was  released  upon  parole,  he  or  she  shall 
then  be  finally  discharged  from  the  parental  or  truant  school 
and  shall  not  be  committed  thereto  except  upon  petition  as  here- 
inbefore provided.     (L.  '03,  p.  Ill,  §  9 ;  Rem.  &  Bal.,  §  8613.) 

536.  Violation  of  parole 

In  case  any  child  released  from  said  school  upon  parole  as 
hereinbefore  provided  shall  violate  the  conditions  of  his  or  her 
parole  at  any  time  within  one  year  thereafter,  he  or  she  shall 
upon  the  order  of  the  board  of  school  directors  as  hereinbefore 
provided,  be  taken  back  to  such  parental  or  truant  school  and 
shall  not  be  again  released  upon  parole  within  the  period  of 
three  months  from  the  date  of  such  entry ;  and  if  he  or  she  shall 
violate  the  conditions  of  a  second  parole  he  or  she  shall  be  re- 
committed to  such  parental  or  truant  school,  and  shall  not  be 
released  therefrom  on  parole  until  he  or  she  shall  remain  in  such 
school  at  least  one  year.  (L.  '03,  p.  112,  §  10;  Rem.  &  Bal., 
§  8614.) 

537.  Incorrigibles  sent  to  reformatory 

In  any  case  where  a  child  is  found  to  be  incorrigible  and  his 
or  her  influence  in  such  school  to  be  detrimental  to  the  inter- 


^40  CODE  OF  PUBLIC  INSTRUCTION 

ests  of  the  other  pupils,  the  board  of  directors  may  authorize  the 
superintendent  or  any  officer  of  the  school  to  represent 
these  facts  to  the  superior  court  by  petition,  and  the  court  shall 
have  the  power  to  commit  such  child  to  some  reformatory  insti- 
tution.    (L.  '03,  p.  112,  §  11 ;  Rem.  &  Bal.,  §  8615.) 

STATE  EDUCATIONAL  FUNDS 

538.  State   University  permanent  fund 

There  is  here  created  in  the  state  treasury  a  permanent  and 
irreducible  fund  to  be  known  as  the  "State  University  Perman- 
ent Fund,"  into  which  fund  shall  be  paid  all  moneys  now  in  the 
state  treasury  in  either  the  "University  of  Washington  Fund," 
the  "University  Fund,"  or  the  "State  University  Fund,"  and  in- 
to which  shall  also  be  paid  all  moneys  derived  from  the  sales  of 
lands  granted,  held  or  devoted  to  State  University  purposes. 
(L.  '07,  p.  394,  §  1 ;  Rem.  &  Bal.,  §  5041.) 

See,  supra,  §  281  et  seq.,  Code  Pub.  Ins.,  general   and   current   state   funds. 
See,  supra,  §  24c3  et  seq.,  Code  Pub.  Ins.,  apportionment    of    school    funds. 

539.  State  University  current  fund 

There  is  hereby  created  in  the  state  treasury  a  fund  to  be 
known  as  the  "State  University  Current  Fund,"  into  which  shall 
be  paid  all  the  interest  and  earnings  of  the  State  University 
permanent  fund,  and  the  rentals  of  all  lands  granted,  held  or 
devoted  to  State  University  purposes,  and  which  shall  be  sub- 
jected to  appropriation  for  State  University  purposes.  (L.  '07, 
p.  394,  §  2;  Rem.  &  Bal.,  §  5042.) 

540.  Agricultural  College  current  fund 

There  is  hereby  created  in  the  state  treasury  a  fund  to  be 
known  as  "The  current  fund  of  the  Agricultural  College  and 
School  of  Science."     (L.  '05,  p.  73,  §  1 ;  Rem.  &  Bal.,  §  5043.) 

541.  Same,  payment  of  money  into 

There  shall  be  paid  into  said  fund  for  the  use  and  support  of 
the  Agricultural  College  and  School  of  Science:  First — All 
money  heretofore  collected  or  hereafter  to  be  collected  from  the 
lease  or  rental  of  lands  set  apart  by  the  enabling  act  or  other- 


STATE  OF  WASHINGTON  %^\ 

wise  for  the  Agricultural  College  and  School  of  Science ;  Second 
— All  interest  or  income  arising  from  the  proceeds  of  the  sale 
of  any  of  said  lands ;  Third — All  moneys  received  or  collected 
as  interest  on  deferred  payments  on  contracts  for  the  sale  of 
such  lands.     (L.  '05,  p.  73,  §  2 ;  Rem.  &  Bal.,  §  5044.) 

542.  Normarschool 

There  is  hereby  created  in  the  state  treasury  a  fund  to  be 
known  as  "The  normal  school  current  fund."  (L.  '05,  p.  73, 
§3;  Rem.  &  Bal.,  §5045.) 

543.  What  moneys  payable  into  fund 

There  shall  be  paid  into  said  "The  normal  school  current 
fund"  for  the  use  and  support  of  the  normal  schools  of  the 
state :  First — All  moneys  heretofore  collected  or  hereafter  to  be 
collected  from  the  lease  or  rental  of  lands  set  apart  by  the  en- 
abling act  or  otherwise  for  the  State  normal  schools ;  Second — 
All  interest  or  income  arising  from  the  proceeds  of  the  sale  of 
said  lands ;  Third — All  moneys  received  or  collected  as  interest 
on  deferred  payments  on  contracts  for  the  sale  of  such  lands. 
(L.  '05,  p.  73,  §  4;  Rem.  &  Bal.,  §  5046.) 

544.  Disposition  of  lands  for  scientific  school — Vested  in  regents 
The  board  of  regents  of  the  Agricultural  College,  Experi- 
ment Station  and  School  of  Science  of  the  State  of  Washington 
is  hereby  authorized  and  directed  to  select  and  set  aside  for  the 
purposes  hereinafter  described  four  full  sections  of  land  in  lots 
of  not  less  than  forty  acres  each  from  the  lands  granted  to  the 
State  of  Washington  for  the  establishment  and  maintenance  of 
a  scientific  school  and  belonging  to  the  Agricultural  College 
and  School  of  Science.  The  entire  management,  control  and 
power  of  disposition  of  said  four  sections  of  land  be  and  hereby 
are  vested  in  the  board  of  regents  of  the  Agricultural  College, 
Experiment  Station  and  School  of  Science  and  subject  to  the 
provisions  of  this  act.  (L.  '01,  p.  170,  §  1 ;  Rem.  &  Bal., 
§  5047.) 

"This  act"  refers  to  this  and  the  next  section. 

See,  infra,  §  600,   Code  Pub.  Ins.,  acquisition  of  lands  for  experimental   pur- 


CODE  OF  PUBLIC  INSTRUCTION 


545.  Scientific  School  Fund 

There  shall  be  kept  by  the  State  Treasurer  a  separate  fund 
to  be  known  as  the  Scientific  School  Fund,  into  which  shall  be 
paid  all  moneys  received  from  the  sale  of  the  lands,  or  valuable 
material  thereon,  belonging  to  the  Agricultural  College  and 
School  of  Science,  which  fund  shall  be  paid  out  by  the  State 
Treasurer  only  upon  warrants  drawn  by  the  State  Auditor, 
which  warrants  shall  be  based  upon  proper  vouchers  of  the 
board  of  regents  of  the  Agricultural  College  and  School  of 
Science.     (L.  '01,  p.  172,  §  4;  Rem.  &  Bal.,  §  5048.) 

546.  Funds   of   State   College — Duties   of   State   Treasurer  and    State 

Auditor 
The  State  Treasurer  shall  hereafter  constitute  and  be  the 
treasurer  of  all  funds  belonging  to  the  State  College,  Experi- 
ment Station  and  School  of  Science  of  the  State  of  Washington, 
known  as  the  State  College  of  Washington.  All  moneys  or 
funds  received  from  the  United  States  or  from  any  other  source 
whatsoever  for  the  benefit  of  said  State  College  or  from  the 
products  or  property  of  said  college,  or  for  the  use  of  or  belong- 
ing to  said  college  shall  be  paid  to  and  deposited  with  the  State 
Treasurer;  when  so  deposited  the  same  shall  be  held  as  special 
funds  for  said  college,  and  are  hereby  appropriated  to  the  uses 
and  purposes  for  which  the  same  are  received.  Upon  receipt 
of  any  funds  belonging  to  said  college  by  the  State  Treasurer, 
he  shall  issue  duplicate  receipts  therefor  and  deposit  one  of  such 
receipts  with  the  State  Auditor,  who  shall  keep  the  accounts  of 
said  college  as  other  accounts  are  kept,  and  shall  draw  warrants 
against  said  accounts  upon  the  presentation  of  properly  ex- 
ecuted vouchers  therefor,  but  no  warrant  shall  be  drawn  on  any 
such  fund  for  an  amount  in  excess  of  the  amount  remaining  in 
such  fund.     (L.  '09,  Ex.  Ses.,  p.  36,  §  1 ;  Rem.  &  Bal.,  §  5049.) 

See,  infra,  §  598,  Code  Pub.  Ins.,  disposition  of  appropriation. 

547.  Investment  of  state  educational  funds — Board  of  Finance 
There  is  hereby  created  a  board  which  shall  be  known  and 

designated  as  the  "State  Board  of  Finance."     Said  board  shall 
be  composed  of  the  Governor,  State  Treasurer  and  State  Audit- 


STATE  OF  WASHINGTON 


243 


or:  Provided,  however,  That  the  Governor  may  designate  and 
appoint  some  state  officer  as  his  representative.  (L.  '07,  p.  16, 
§  1 ;  Rem.  &  Bah,  §  5053.)      . 

See,  supra,  §  279,  Code  Pub.  Ins.,  sources  of  school  revenues. 

548.  Records — Office 

Said  board  shall  keep  a  full  and  complete  record  of  all  their 
proceedings  in  appropriate  books  of  record,  and  a  clerk  in  the  of- 
fice of  the  State  Auditor  shall  act  as  the  secretary  of  the  said 
board.  Their  office  shall  be  in  the  office  of  the  State  Auditor, 
and  all  records  and  correspondence  relating  to  the  said  board 
shall  be  kept  in  the  office  of  the  State  Auditor,  and  shall  be  sub- 
ject to  public  inspection.  (L.  '07,  p.  17,  §2;  Rem.  &  Bal., 
§  5054.) 

549.  Rules — Treasurer  chairman  of  board 

Said  State  Board  of  Finance  shall  make  appropriate  rules 
and  regulations  for  the  carrying  out  the  provisions  of  this  act, 
not  inconsistent  with  law,  and  the  State  Treasurer  shall  act  as 
chairman  of  said  State  Board  of  Finance.  (L.  '07,  p.  17,  §  3 ; 
Rem.  &  Bal.,  §  5055.) 

550.  Investment,    in    what    bonds    lawful — School    district   bonds    pre- 

ferred 

Whenever  there  shall  be  in  the  permanent  school  funds  of  the 
state,  or  in  the  permanent  funds  of  the  normal  school,  State 
University,  Scientific  School,  Agricultural  College,  or  the  charit- 
able, educational,  penal  and  reformatory  institutions,  one  thous- 
and dollars  or  more  available  for  investment,  said  State  Board 
of  Finance  shall  invest  the  same  in  national,  state,  county,  muni- 
icpal  or  school  district  bonds,  bearing  not  less  than  three  and 
three-fourths  per  cent  interest  per  annum,  paying  therefor  not 
more  than  the  par  value  thereof:  Provided,  The  word  bonds  in 
this  section  shall  not  be  interpreted  to  mean  or  include  any  spe- 
cial, or  assessment  district  bonds  or  bonds  other  than  those  to  be 
found  within  the  limit  of  indebtedness  prescribed  by  law,  or 
regularly  created  and  issued  as  general  indebtedness  bonds : 
Provided,  further,  That  school  district  bonds,  regularly  created 


244  C0DE  0F  PUBLIC  INSTRUCTION 

and  issued,  shall  be  given  preference  in  said  investments.  Upon 
such  investment  being  made,  the  State  Auditor  shall  draw  his 
warrant  on  said  fund  for  the  amount  so  invested,  and  the  bonds 
so  purchased  shall  be  deposited  with  the  State  Treasurer,  whose 
duty  it  shall  be  to  collect  all  interest  payments  falling  due  there- 
on, and  the  principal  at  maturity.  (L.  '07,  p.  17,  §  4 ;  Rem.  & 
Bal.,  §5056.) 

This  section  seems  to  supersede  Laws  '03,  chapter  95,  page  143,  authorizing 
the  State  Board  of  Land  Commissioners  to  invest  the  school  funds. 

Under  the  provisions  of  article  XVI,  §  5,  of  the  Constitution,  authorizing  the 
investment  of  the  permanent  school  fund,  "in  national,  state,  county  or  muni- 
cipal bonds,"  the  moneys  in  such  fund  may  be  invested  in  school  district  bonds, 
as  school  districts  are  municipal  corporations  within  the  purview  of  our  state 
Constitution  :     State  v.  Grimes,  7  Wash.  270. 

Warrants  are  not  bonds  within  the  meaning  of  Constitution,  article  XVI,  §  5, 
providing,  that  the  permanent  school  fund  may  be  invested  in  national,  state, 
county  or  municipal  bonds,  but  that  none  of  it  shall  ever  be  loaned ;  and  hence 
Laws  of  1899,  page  53,  authorizing  the  investment  thereof  in  state  warrants  is 
unconstitutional  as  a  loaning  of  the  permanent  school  fund :  State  ex  rel. 
Hellar  v.  Young,  21  Wash.  391. 

551.     Investment  of  the  permanent  school  fund  In  state  bonds 

Whenever  there  shall  be  in  the  hands  of  the  State  Treasurer, 
belonging  to  the  state  permanent  school  fund,  money  to  the 
amount  of  five  thousand  dollars  or  more,  of  which  no  investment 
can  be  made  in  the  securities  now  or  hereafter  authorized  by 
law,  and  the  state  shall  have  an  outstanding  general  fund  war- 
rant indebtedness  in  amount  equal  to  or  greater  than  the  amount 
of  five  thousand  dollars  ($5,000),  the  Governor  of  the  state  and 
the  State  Auditor  are  hereby  authorized,  and  it  shall  be  their 
duty,  to  issue  the  bonds  of  the  state  of  Washington  in  amount 
equal  to  that  amount,  and  sell  and  deliver  such  bonds  to  the  State 
Treasurer  for  the  account  of  the  state  permanent  school  fund 
at  the  face  or  par  value  thereof.  (L.  '99,  p.  67,  §  1 ;  Rem.  & 
Bal.,  §  5057.) 

It  is  expressly  provided  that  this  section  is  not  affected  by  the  act  of  1903, 
superseded  by  the  preceding  section.     See  Laws  '03,  page  144,  §  2. 

Bonds  issued  by  the  state  for  sale  to  the  permanent  school  fund  under  this 
section  do  not  increase  the  debt  of  the  state,  but  simply  transfer  cash  in  one 
fund  to  another  fund  which  is  used  at  once  in  the  redemption  of  general  fund 
warrants  :     State  ex  rel.  Winston  v.  Rogers,  21  Wash.  206. 

Bonds  issued  for  the  construction  of  a  capitol  group,  guaranteed  by  the  state 
cannot  be  purchased  from  the  general  school  fund,  when  such  bond  issue 
would  exceed  the  constitutional  limit  of  indebtedness :  State  Capitol  Commis- 
sion v.  State  Board  of  Finance,  32  Wash.  Dec.  ly 


STATE  OP  WASHINGTON  34,5 

552.  Bonds — Description  of,   interest,   maturity,  etc. 

Such  bonds  shall  bear  date  of  issue  and  be  issued  in  denomina- 
tions of  five  thousand  dollars  ($5,000),  and  shall  bear  interest 
at  the  rate  of  three  and  one-half  per  cent,  per  annum,  payable 
semi-annually  on  the  first  day  of  May  and  November  of  each 
year  until  paid,  payable  out  of  the  state  general  fund,  and  the 
State  Treasurer  is  hereby  authorized  and  directed  to  transfer 
from  the  said  state  general  fund  to  the  said  current  school  fund 
sufficient  money  to  pay  said  interest  as  the  same  falls  due,  and 
certify  the  same  to  the  State  Auditor,  which  certificate  shall  be 
authority  to  said  auditor  to  make  the  necessary  and  proper 
entries  in  the  books  and  records  of  his  office  to  show  such  trans- 
fer. The  principal  of  said  bonds  shall  be  payable,  any  or  all 
of  them,  on  or  before  twenty  years  from  the  date  of  issue,  to 
the  State  Treasurer  for  the  account  of  the  state  permanent 
school  fund,  out  of  the  state  general  fund,  to  which  the  pro- 
ceeds thereof  shall  have  been  credited,  and  when  paid  the  prin- 
cipal thereof  shall  be  credited  to  the  state  permanent  school 
fund.     (L.  '01,  p.  388,  §  1 ;  Rem.  &  Bal.,  §  5058.) 

553.  Bonds — Printing,  signing,  etc. 

Said  bonds  shall  be  printed  on  good  bond  paper  and  shall 
each  be  signed  by  the  Governor  and  personally  attested  by  the 
State  Auditor,  and  sealed  with  the  seal  of  the  State  Auditor,  but 
no  coupon  need  be  attached  thereto.  (L.  '99,  p.  68,  §  3 ;  Rem. 
&  Bal.,  §  5059.) 

554.  Proceeds  of  bonds  used  to  call  general  fund  warrants 

It  shall  be  the  duty  of  the  State  Treasurer,  whenever  any  such 
bonds  are  executed  and  presented  to  him  to  invest  the  state  per- 
manent school  fund  in  such  bonds  to  the  amount  of  the  face 
or  par  value  thereof  at  par,  and  receipt  to  the  State  Auditor 
therefor,  and  at  once  transfer  from  the  state  permanent  school 
fund  to  the  state  general  fund  money  to  the  amount  of  the  face 
or  par  value  of  such  bonds  so  delivered  to  him,  and  the  money 
so  transferred  to  the  general  fund  shall  be  at  once  used  in  the 
redemption  of  outstanding  general  fund  warrants.  (L.  ?99,  p. 
68,  §4;Rem.  &  Bal.,  §5060.) 


246  CODE  OF  PUBLIC  INSTRUCTION 

555.  Interest,  to  current  school  fund 

All  interest  paid  on  such  bonds  shall  be  credited  to  the  cur- 
rent common  school  fund  of  the  state  on  the  day  it  falls  due. 
(L.  '99,  p.  69,  §  5 ;  Rem.  &  Bal.  §  5061.) 

556.  Redemption 

It  shall  be  the  duty  of  the  State  Treasurer  to  redeem  any  of 
said  bonds  on  any  interest  pay  day  whenever,  and  to  the  extent 
that  he  shall  have  in  his  hands  money  belonging  to  the  state 
general  fund  equal  to  one  or  more  of  such  bonds  in  excess  of  all 
outstanding  general  fund  warrants.  (L.  '99,  p.  69,  §  6;  Rem. 
&  Bal.,  §  5062.) 

BONDING  UNIVERSITY  LANDS 

557.  Appropriation  from  university  fund 

For  the  purpose  of  refunding  to  the  state  of  Washington 
the  moneys  appropriated  for  the  erection  and  support  of  the 
said  university  there  is  hereby  appropriated  from  this  said 
"University  of  Washington  fund,"  to  be  paid  into  the  general 
fund  of  the  state,  the  following  sums,  to-wit:  One  hundred 
and  fifty  thousand  dollars,  appropriated  by  the  legislative 
session  of  eighteen  hundred  and  ninety-three  for  the  erection 
of  buildings  and  the  preparation  of  the  new  grounds ;  fifty 
thousand  dollars,  appropriated  by  the  legislative  session  of 
eighteen  hundred  and  ninety-five  for  the  same  or  similar  pur- 
poses ;  twenty-five  thousand  dollars,  being  a  portion  of  the 
sum  appropriated  by  the  legislative  session  of  eighteen  hun- 
dred and  ninety-five  for  the  support  or  maintenance  of  the  said 
university;  making  a  total  appropriation  herein  of  two  hun- 
dred and  twenty-five  thousand  dollars.  (L.  '95,  p.  108,  §  2; 
Rem.  &  Bal.,  §  5063.) 

The  "University  of  Washington  fund"  was  transferred  to  the  "State  Univer- 
sity permanent  fund,  by  supra,  §  538,  Code  Pub.  Ins. 

558.  Bonds  authorized 

For  the  purpose  of  anticipating  the  fund  out  of  which  the 
foregoing  appropriation  is  provided  to  be  paid,  the  Governor, 
State  Auditor,  and  State  Treasurer  are  hereby  authorized  to 


STATE  OF  WASHINGTON  247 

make  a  loan  of  two  hundred  and  twenty-five  thousand  dollars 
upon  the  bonds  of  the  state,  to  be  signed  by  the  Governor  and 
attested  by  the  Secretary  of  State,  under  the  seal  of  the  State, 
and  countersigned  and  registered  by  the  State  Auditor.  Said 
bonds  shall  be  of  denomination  of  not  less  than  one  thousand 
dollars  each,  and  shall,  on  their  face,  be  made  payable  at  any 
time  after  five  years  and  within  fifteen  years  from,  their  date, 
at  the  option  of  the  state,  at  the  office  of  the  State  Treasurer ; 
shall  bear  interest  at  the  rate  of  four  per  cent,  per  annum, 
which  interest  shall  be  payable  semi-annually  out  of  the  fund 
provided  for  .in  section  5041,  and  no  primary  or  secondary  ap- 
plication for  the  payment  of  said  bonds,  except  out  of  the 
aforesaid  fund,  is  intended  to  be  created  by  this  chapter.  Said 
bonds  shall  not  be  sold  for  less  than  par.  If  at  any  time  there 
is  not  sufficient  money  in  the  aforesaid  fund  to  defray  the  in- 
terest charges  when  due,  the  state  shall  pay  said  interest  out 
of  the  general  fund,  which  general  fund  shall  be  repaid  such 
interest  payments  out  of  the  first  moneys  paid  into  the  said 
"University  of  Washington  fund."  (L.  '95,  p.  108,  §  3;  Rem. 
&  Bal.,  §  5064.) 

CRIMES   BY  OR  AGAINST   PUBLIC   OFFICERS 
559.     Bribery  of  public  officer 

Every  person  who  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward  to  any  exec- 
utive or  administrative  officer  of  the  state,  with  intent  to  in- 
fluence him  with  respect  to  any  act,  decision,  vote,  opinion  or 
other  proceeding,  as  such  officer;  or  who  shall  give,  offer  or 
promise,  directly  or  indirectly,  any  compensation,  gratuity  or 
reward  to  a  member  of  the  legislature,  or  attempt,  directly  or 
indirectly,  by  menace,  deceit,  suppression  of  truth  or  other 
corrupt  means,  to  influence  such  member  to  give  or  withhold 
his  vote  or  to  absent  himself  from  the  house  of  which  he  is  a 
member  or  from  any  committee  thereof;  or  who  shall  give, 
offer  or  promise,  directly  or  indirectly,  any  compensation,  gra- 
tuity or  reward  to  a  judicial  officer,  juror,  referee,  arbitrator, 
appraiser,  assessor  or  other  person  authorized  by  law  to  hear 


248  CODE  OP  PUBLIC  INSTRUCTION 

or  determine  any  question,  matter,  cause,  proceeding  or  con- 
troversy, with  intent  to  influence  his  action,  vote,  opinion  or 
decision  thereupon ;  or  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward  to  a  person 
executing  any  of  the  functions  of  a  public  officer  other  than  as 
hereinbefore  specified,  with  intent  to  influence  him  with  respect 
to  any  act,  decision,  vote  or  other  proceeding  in  the  exercise  of 
his  powers  or  functions,  shall  be  punished  by  imprisonment  in 
the  state  penitentiary  for  not  more  than  ten  years,  or  by  a  fine 
of  not  more  than  five  thousand  dollars,  or  by  both.  (L.  '09,  p. 
910,  §  68;  Rem.  &  Bal.,  §  2320.) 

560.     Asking  or  receiving  bribe 

Every  executive  or  administrative  officer  or  person  elected 
or  appointed  to  an  executive  or  administrative  office  who  shall 
ask  or  receive,  directly  or  indirectly,  any  compensation,  gra- 
tuity or  reward,  or  any  promise  thereof,  upon  an  agreement  or 
understanding  that  his  vote,  opinion,  or  action  upon  any  matter 
then  pending,  or  which  may  by  law  be  brought  before  him  in 
his  official  capacity,  shall  be  influenced  thereby;  and  every 
member  of  either  house  of  the  legislature  of  the  state  who  shall 
ask  or  receive,  directly  or  indirectly,  any  compensation,  gra- 
tuity or  reward,  or  any  promise  thereof,  upon  an  agreement 
or  understanding  that  his  official  vote,  opinion,  judgment  or 
action  shall  be  influenced  thereby,  or  shall  be  given  in  any 
particular  manner,  or  upon  any  particular  side  of  any  question 
or  matter  upon  which  he  may  be  required  to  act  in  his  official 
capacity;  and  every  judicial  officer,  and  every  person  who  ex- 
ecutes any  of  the  functions  of  a  public  office  not  hereinbefore 
specified,  and  every  person  employed  by  or  acting  for  the  state 
or  for  any  public  officer  in  the  business  of  the  state,  who  shall 
ask  or  receive,  directly  or  indirectly,  any  compensation,  gra- 
tuity or  reward,  or  any  promise  thereof,  upon  an  agreement 
or  understanding  that  his  vote,  opinion,  judgment,  action,  de- 
cision or  other  official  proceeding  shall  be  influenced  thereby, 
or  that  he  will  do  or  omit  any  act  or  proceeding  or  in  any  way 
neglect  or  violate  any  official  duty,  shall  be  punished  by  im- 


STATE  OF  WASHINGTON  24,9 

prisonment  in  th^  state  penitentiary  for  not  more  than  ten 
years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or  by 
both.     (L.  '09,  p.  911,  §  69;  Rem.  &  Bal.,  §  2321.) 

561.  Interfering  with  public  officer 

Every  person  who,  by  means  of  any  threat,  force  or  violence, 
shall  attempt  to  deter  or  prevent  any  executive  or  administra- 
tive officer  from  performing  any  duty  imposed  upon  him  by 
law,  or  who  shall  knowingly  resist  by  force  or  violence  any 
executive  or  administrative  officer  in  the  performance  of  his 
duty,  shall  be  guilty  of  a  gross  misdemeanor.  (L.  '09,  p.  914, 
§  79;  Rem.  &  Bal.,  §  2331.) 

562.  Offering   reward  for  appointment 

Every  person  who  shall  give,  offer  or  promise,  directly  or 
indirectly,  any  compensation,  gratuity  or  reward,  in  consider- 
ation that  he  or  another  person  shall  be  appointed  to  a  public 
office  or  to  a  clerkship,  deputation  or  other  subordinate  position 
in  such  office,  or  that  he  or  any  other  person  shall  be  permitted 
to  exercise,  perform  or  discharge  any  prerogative  or  duty  or 
receive  any  emolument  of  such  office,  shall  be  guilty  of  a  gross 
misdemeanor.     (L.  '09,  p.  914,  §  80;  Rem.  &  Bal.,  §  2332.) 

563.  Grafting 

Every  person  who  shall  ask  or  receive  any  compensation, 
gratuity  or  reward,  or  any  promise  thereof,  upon  the  repre- 
sentation that  he  can,  directly  or  indirectly,  or  in  considera- 
tion that  he  shall,  or  shall  attempt  to,  directly  or  indirectly, 
influence  any  public  officer,  whether  executive,  administrative, 
judicial  or  legislative,  to  refuse,  neglect,  or  defer  the  perform- 
ance of  any  official  duty ;  or  who  shall  ask  or  receive  any  com- 
pensation, gratuity  or  reward,  or  any  promise  thereof,  the 
right  to  retain  or  receive  which  shall  be  conditioned  that  such 
person  shall,  directly  or  indirectly,  successfully  influence  by  any 
means  whatever  any  executive,  administrative  or  legislative  offi- 
cer, in  respect  to  any  act,  decision,  vote,  opinion  or  other  pro- 
ceeding, as  such  officer,  or  who  shall  ask  or  receive  any  compen- 
sation, gratuity  or  reward,  or  any  promise  thereof,  upon  the  rep- 


250  CODE  OF  PUBLIC  INSTRUCTION 

resentation  that  he  can,  directly  or  indirectly,  or  in  considera- 
tion that  he  shall,  or  shall  attempt  to,  directly  or  indirectly,  in- 
fluence any  public  officer,  whether  executive,  administrative,  ju^ 
dicial  or  legislative,  in  respect  to  any  act,  decision,  vote,  opinion 
or  other  proceeding,  as  such  officer,  unless  it  be  clearly  under- 
stood and  agreed  in  good  faith  between  the  parties  thereto,  on 
both  sides,  that  no  means  or  influence  shall  be  employed  except 
explanation  and  argument  upon  the  merits,  shall  be  guilty  of  a 
gross  misdemeanor,  and,  in  any  prosecution,  under  the  third 
clause  of  this  section,  evidence  of  the  means  actually  employed 
to  influence  such  officer  shall  be  admitted  as  proof  of  the  means 
originally  contemplated  by  the  defendant.  (L.  '09,  p.  915, 
§81;  Rem.  &  Bal.,  §2333.) 

564.     Misconduct  of  public  officer 
Every  public  officer  who  shall — 

1.  Ask  or  receive,  directly  or  indirectly,  any  compensation, 
gratuity  or  reward,  or  promise  thereof,  for  omitting  or  defer- 
ring the  performance  of  any  official  duty ;  or  for  any  official 
service  which  has  not  been  actually  rendered,  except  in  case  of 
charges  for  prospective  costs  or  fees  demandable  in  advance  in 
a  case  allowed  by  law;  or 

2.  Be  beneficially  interested,  directly  or  indirectly,  in  any 
contract,  sale,  lease  or  purchase  which  may  be  made  by,  through 
or  under  the  supervision  of  such  officer,  in  whole  or  in  part,  or 
which  may  be  made  for  the  benefit  of  his  office,  or  accept, 
directly  or  indirectly,  any  compensation,  gratuity  or  reward 
from  any  other  person  beneficially  interested  therein;  or 

3.  Employ  or  use  any  person,  money  or  property  under 
his  official  control  or  direction,  or  in  his  official  custody,  for 
the  private  benefit  or  gain  of  himself  or  another ; 

Shall  be  guilty  of  a  gross  misdemeanor,  and  any  contract, 
sale,  lease  or  purchase  mentioned  in  subdivision  2  hereof  shall 
be  void.     (L.  '09,  p.  915,  §  82;  Rem.  &  Bal.,  §  2334.) 

A  school  board  cannot  hire  the  minor  son  of  a  member  of  the  board  to  do 
work  for  such  board. — Tanner. 


STATE  OF  WASHINGTON  251 

565.  Grant  of  official  powers 

Every  public  officer  who,  for  any  reward,  consideration  or 
gratuity  paid  or  agreed  to  be  paid,  shall,  directly  or  indirectly, 
grant  to  another  the  right  or  authority  to  discharge  any  func- 
tion of  his  office,  or  permit  another  to  perform  any  of  his  duties, 
shall  be  guilty  of  a  gross  misdemeanor.  (L.  '09,  p.  916,  §  83 ; 
Rem.  &  BaL,  §2335.) 

566.  Intrusion  into  and  refusal  to  surrender  public  office 

Every  person  who  shall  falsely  personate  or  represent  any 
public  officer,  or  who  shall  wilfully  intrude  himself  into  a  public 
office  to  which  he  has  not  been  duly  elected  or  appointed,  or 
who  shall  wilfully  exercise  any  of  the  functions  or  perform  any 
of  the  duties  of  such  officer,  without  having  duly  qualified  there- 
for, as  required  by  law,  or  who,  having  been  an  executive  or 
administrative  officer,  shall  wilfully  exercise  any  of  the  func- 
tions of  his  office  after  his  right  to  do  so  has  ceased,  or  wrong- 
fully refuse  to  surrender  the  official  seal  or  any  books  or  papers 
appertaining  to  such  office,  upon  the  demand  of  his  lawful 
successor,  shall  be  guilty  of  a  gross  misdemeanor.  (L.  '09, 
p.  916,  §  84;  Rem.  &  Bal.,  §  2336.) 

567.  Injury  to   public   record 

Every  person  who  shall  wilfully  and  unlawfully  remove,  alter, 
mutilate,  destroy,  conceal  or  obliterate  a  record,  map,  book, 
paper,  document  or  other  thing  filed  or  deposited  in  a  public 
office,  or  with  any  public  officer,  by  authority  of  law,  shall  be 
punished  by  imprisonment  in  the  state  penitentiary  for  not 
more  than  five  years,  or  by  a  fine  of  not  more  than  one  thou- 
sand dollars,  or  by  both.  (L.  '09,  p.  919,  §  95;  Rem.  &  BaL, 
§  2347.) 

568.  Injury  to  and  misappropriation  of  record 

Every  officer  who  shall  mutilate,  destroy,  conceal,  erase,  ob- 
literate or  falsify  any  record  or  paper  appertaining  to  his 
office,  or  who  shall  fraudulently  appropriate  to  his  own  use  or 
to  the  use  of  another  person,  or  secrete  with  intent  to  appropri- 
ate to  such  use,  any  money,  evidence  of  debt  or  other  property 


252  CODE  OF  PUBLIC  INSTRUCTION 

intrusted  to  him  by  virtue  of  his  office,  shall  be  punished  by 
imprisonment  in  the  state  penitentiary  for  not  more  than  ten 
years,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or 
by  both.     (L.  '09,  p.  919,  §  96;  Rem.  &  Bal.,  §  2348.) 

569.  False  report 

Every  public  officer  who  shall  knowingly  make  any  false  or 
misleading  statement  in  any  official  report  or  statement,  under 
circumstances  not  otherwise  prohibited  by  law,  shall  be  guilty 
of  a  gross  misdemeanor.  (L.  '09,  p.  920,  §  98 ;  Rem.  &  Bal., 
§  2350.) 

570.  Perjury — Second   degree 

Every  person  who,  whether  orally  or  in  writing,  and  whether 
as  a  volunteer,  or  in  a  proceeding  or  investigation  authorized 
by  law,  shall  knowingly  swear  falsely  concerning  any  matter 
whatsoever,  shall  be  guilty  of  perjury  in  the  second  degree  and 
shall  be  punished  by  imprisonment  in  the  state  penitentiary  for 
not  more  than  five  years,  or  by  imprisonment  in  the  county  jail 
for  not  more  than  one  year.  (L.  '09,  p.  920,  §  101 ;  Rem.  & 
Bal.,  §  2353.) 

571.  "Oath"  and   "swear"  defined 

The  term  "oath"  shall  include  an  affirmation  and  every  other 
mode  authorized  by  law  of  attesting  the  truth  of  that  which  is 
stated.  A  person  who  shall  state  any  matter  under  oath  shall 
be  deemed  to  "swear"  thereto.  (L.  '09,  p.  920,  §  102;  Rem.  & 
Bal.,  §  2354.) 

See,  supra,  §  383,  Code  Pub.  Ins.,  false  oath. 

572.  Irregularity   in    administering   oath   or   incompetency   of  witness 

no  defense 

It  shall  be  no  defense  to  a  prosecution  for  perjury  that  an 
oath  was  administered  or  taken  in  an  irregular  manner,  or  that 
the  defendant  was  not  competent  to  give  the  testimony,  depo- 
sition, certificate  or  affidavit  of  which  falsehood  is  alleged.  It 
shall  be  sufficient  that  he  actually  gave  such  testimony  or  made 
such  deposition,  certificate  or  affidavit.  (L.  '09,  p.  921,  §  103; 
Rem.  &  Bal.,  §  2355.) 


STATE  OF  WASHINGTON 


253 


573.  Deposition — When  complete 

The  making  of  a  deposition,  certificate  or  affidavit  shall  be 
deemed  to  be  complete  when  it  is  subscribed  and  sworn  to  or 
affirmed  by  the  defendant  with  intent  that  it  be  uttered  or 
published  as  true.     (L.  '09,  p.  921,  §  104 ;  Rem.  &  Bal.,  §  2356.) 

574.  Statement  of  what  one  does  not  know  to  be  true 

Every  unqualified  statement  of  that  which  one  does  not  know 
to  be  true  is  equivalent  to  a  statement  of  that  which  he  knows 
to  be  false.     (L.  '09,  p.  921,  §  105 ;  Rem.  &  Bal.,  §  2357.) 

575.  Public  officer  making  false  certificate 

Every  public  officer  who,  being  authorized  by  law  to  make 
or  give  a  certificate  or  other  writing,  shall  knowingly  make  and 
deliver  as  true  such  a  certificate  or  writing  containing  any  state- 
ment which  he  knows  to  be  false,  in  a  case  where  the  punishment 
thereof  is  not  expressly  prescribed  by  law,  shall  be  guilty  of  a 
gross  misdemeanor.  (L.  '09,  p.  927,  §  128 ;  Rem.  &  Bal., 
§2380.) 

See,  supra,  §  569,  Code  Pub.  Ins.,  false  reports  by  officers. 

576.  False  auditing  and  paying  claims 

Every  public  officer,  or  person  holding  or  discharging  the 
duties  of  any  public  office  or  place  of  trust  under  the  state  or 
in  any  county,  town  or  city,  a  part  of  whose  duty  it  is  to  audit, 
allow  or  pay,  or  take  part  in  auditing,  allowing  or  paying, 
claims  or  demands  upon  the  state  or  such  county,  town,  or  city, 
who  shall  knowingly  audit,  allow  or  pay,  or,  directly  or  indi- 
rectly, consent  to  or  in  any  way  connive  at  the  auditing,  allow- 
ance or  payment  of  any  claim  or  demand  against  the  state  or 
such  county,  town  or  city,  which  is  false  or  fraudulent  or  con- 
tains any  charge,  item  or  claim  which  is  false  or  fraudulent, 
shall  be  guilty  of  a  gross  misdemeanor.  (L.  '09,  p.  927,  §  129 ; 
Rem.  &  Bal.,  §  2381.) 

SECURITY  FOR  LABOR  ON  PUBLIC  WORKS,  ETC. 

577.  Contractor's  bond — Filing 

Whenever  any  board,  council,  commission,  trustees  or  body 
acting  for  the  state  or  any  county  or  municipality  or  any  pub- 


254  CODE  OF  PUBLIC  INSTRUCTION 

\ 

lie  body  shall  contract  with  any  person  or  corporation  to  do 
any  work  for  the  state,  county  or  municipality,  or  other  public 
body,  city,  town  or  district,  such  board,  council,  commission, 
trustees  or  body  shall  require  the  person  or  persons  with  whom 
such  contract  is  made  to  make,  execute  and  deliver  to  such 
board,  council,  commission,  trustees  or  body  a  good  and  suffi- 
cient bond,  with  two  or  more  sureties,  or  with  a  surety  com- 
pany as  surety,  conditioned  that  such  person  or  persons  shall 
faithfully  perform  all  the  provisions  of  such  contract  and  pay 
all  laborers,  mechanics  and  subcontractors  and  materialmen,  and 
all  persons  who  shall  supply  such  person  or  persons,  or  sub- 
contractors, with  provisions  and  supplies  for  the  carrying  on  of 
such  work,  all  just  debts,  dues  and  demands  incurred  in  the 
performance  of  such  work,  which  bond  shall  be  filed  with  the 
county  auditor  of  the  county  where  such  work  is  performed 
or  improvement  made,  except  in  cases  of  cities  and  towns,  in 
which  cases  such  bond  shall  be  filed  with  the  clerk  or  the  comp- 
troller thereof,  and  any  person  or  persons  performing  such  serv- 
ices or  furnishing  material  to  any  subcontractor  shall  have  the 
same  right  under  the  provision  of  such  bond  as  if  such  work 
services  or  material  was  furnished  to  the  original  contractor. 
(L.  '09,  p.  716,  §  1;  Rem.  &  Bal.,  §  1159.) 

See,  supra,  §  163,  Code  Pub.  Ins.,  powers  and  duties  of  board. 

School  districts  are,  within  the  contemplation  of  the  legislative  and  constitu- 
tional enactments  of  the  state,  municipal  corporations  providing  for  liens  for 
work  done  or  improvements  made  for  any  "county,  incorporated  town  or  city, 
or  other  municipal  corporation  :"    Maxon  v.  School  District,  5  Wash.  142. 

It  is  not  necessary  that  a  school  district  should  be  made  a  party  to  a  suit 
against  a  contractor  for  materials  furnished  in  the  construction  of  a  school 
house  in  order  to  subject  the  district  to  liability  for  failure  to  take  bond  from 
contractor :     Pacific  Mfg.  Co.  v.  School  District,  6  Wash.  121. 

Where  a  contractor's  bond  by  mistake  names  the  board  of  school  directors 
instead  of  the  state  of  Washington  as  obligee,  such  defect  is  not  fatal,  if  from 
the  terms  of  the  bond  it  appears  that  its  object  was  to  secure  laborers  and 
materialmen  as  provided  for  by  this  section  :  Ihrig  v.  Scott,  5  Wash.  584  ;  and 
such  a  bond  is  not  inoperative  by  reason  of  its  being  made  payable  to  the 
school  district  instead  of  the  state  :    Wadsivorth  v.  School  District,  7  Wash.  485. 

In  an  action  against  a  school  district  for  failure  to  take  a  sufficient  bond 
from  a  contractor  for  the  protection  of  materialmen,  the  fact  that  the  sureties 
thereon  did  not  justify  is  a  mere  irregularity  and  presumed  not  injurious  in 
the  absence  of  allegations  and  proof  that  they  could  not  justify  as  required  by 
law  :     Wadsworth  v.  School  District,  supra. 

It  is  not  necessary  to  file  such  bond  with  the  auditor  prior  to  furnishing 
material  to  the  contractor  in  order  to  relieve  the  district  from  liability  :  Wads- 
worth  v.  School  District,  supra. 


STATE  OF  WASHINGTON  355 

An  action  on  a  contractor's  bond  given  under  this  section  is  not  barred  by 
the  procuring  of  a  judgment  against  the  contractor  personally  prior  to  suit 
against  his  bond  :     Fisher  v.  Quigley,  8  Wash.  322. 

A  bond  taken  by  a  school  district  under  this  section,  conditioned  that  the 
surety  shall  be  liable  only  in  case  the  contractor  fails  to  "perform  said  work 
and  comply  with  said  contract,  plans  and  specifications  to  which  reference  is 
hereby  made  and  same  made  a  part  of  the  bond,"  is  insufficient :  Puget  Sound 
Brick  etc.  Co.  v.  School  District,  12  Wash.  118. 

578.  Liability  for  failure  to  take  bond 

If  any  board  of  county  commissioners  of  any  county,  or 
mayor  and  common  council  of  any  incorporated  city  or  town,  or 
tribunal  transacting  the  business  of  any  municipal  corporation 
shall  fail  to  take  such  bond  as  herein  required,  such  county,  in- 
corporated city  or  town,  or  other  municipal  corporation,  shall 
be  liable  to  the  persons  mentioned  in  section  1159,  to  the  full 
extent  and  for  the  full  amount  of  all  such  debts  so  contracted 
by  such  contractor.     (L.  '09,  p.  717,  §  2 ;  Rem.  &  Bal.,  §  1160.) 

See  notes  to  above  section. 

579.  Conditions  of  bond — Action  on 

The  bond  mentioned  in  section  1159  shall  be  in  an  amount 
equal  to  the  full  contract  price  agreed  to  be  paid  for  such  work 
or  improvement,  and  shall  be  to  the  state  of  Washington,  ex- 
cept in  cases  of  cities  and  towns,  in  which  cases  such  munici- 
palities may  by  general  ordinance  fix  and  determine  the  amount 
of  such  bond  and  to  whom  such  bond  shall  run:  Provided,  the 
same  shall  not  be  for  a  less  amount  than  twenty-five  per  cent. 
(25%)  of  the  contract  price  of  any  such  improvement,  and 
may  designate  that  the  same  shall  be  payable  to  such  city,  and 
not  to  the  state  of  Washington,  and  all  such  persons  men- 
tioned in  said  section  1159  shall  have  a  right  of  action  in  his, 
her,  or  their  own  name  or  names  on  such  bond,  for  the  full 
amount  of  all  debts  against  such  contractor,  or  for  work  done 
by  such  laborers  or  mechanics,  and  for  materials  furnished  or 
provisions  and  goods  supplied  and  furnished  in  the  prosecution 
of  such  work,  or  the  making  of  such  improvements:  Provided, 
That  such  persons  shall  not  have  any  right  of  action  on  such 
bond  for  any  sum  whatever,  unless  within  thirty  (30)  days  from 
and  after  the  completion  of  the  contract  with  and  acceptance  of 
the  work  by  the  board,  council,  commission,  trustees,  or  body 


%5Q  CODE  OF  PUBLIC  INSTRUCTION 

acting  for  the  state,  county  or  municipality,  or  other  public 
body,  city,  town  or  district,  the  laborer,  mechanic  or  subcon- 
tractor, or  materialman,  or  person  claiming  to  have  supplied 
materials,  provisions  or  goods  for  the  prosecution  of  such  work, 
or  the  making  of  such  improvement,  shall  present  to  and  file 
with  such  board,  council,  commission,  trustees  or  body  acting 
for  the  state,  county  or  municipality,  or  other  public  body,  city, 
town  or  district,  a  notice  in  writing  in  substance  as  follows: 
To  (here  insert  the  name  of  the  state,  county  or  municipality  or 
other  public  body,  city,  town  or  district)  : 

Notice  is  hereby  given  that  the  undersigned  (here  insert  the 
name  of  the  laborer,  mechanic  or  subcontractor,  or  materialman, 
or  person  claiming  to  have  furnished  labor,  materials  or  provi- 
sions for  or  upon  such  contract  or  work)  has  a  claim  in  the  sum 

of dollars  (here  insert  the  amount)  against  the 

bond  taken  from (here  insert  the  name  of  the 

principal  and  surety  or  sureties  upon  such  bond)  for  the  work 

of (here  insert  a  brief  mention  or  description  of 

the  work  concerning  which  said  bond  was  taken). 

(Here  to  be  signed) 

Such  notice  shall  be  signed  by  the  person  or  corporation 
making  the  claim  or  giving  the  notice;  and  said  notice,  after 
being  presented  and  filed,  shall  be  a  public  record  open  to  in- 
spection by  any  person :  Provided  further,  That  any  city  may 
avail  itself  of  the  provisions  of  this  act,  notwithstanding  any 
charter  provisions  in  conflict  herewith:  And  provided  further, 
That  any  city  or  town  may  impose  any  other  or  further  condi- 
tions and  obligations  in  such  bond  as  may  be  deemed  necessary 
for  its  proper  protection  in  the  fulfillment  of  the  terms  of  the 
contract  secured  thereby.  (L.  '09,  p.  717,  §  3;  Rem.  &  Bal., 
§  1161.) 

Failure  to  file  bond  does  not  relieve  the  contractor  from  failure  to  file 
claim  :     Crane  Company  v.  Aetna  Indemnity  Co.,  43  Wash.  516. 

The  overstatement  of  the  amount  due,  in  a  notice  to  a  city  of  a  claim  for 
material  furnished  to  a  contractor  upon  public  work,  is  not  fatal  to  recovery 
on  the  contractor's  statutory  bond  to  secure  laborers  and  materialmen,  where 
actual  fraud  is  not  shown  :     Strandell  v.  Moran,  49  Wash.  533. 

Such  a  notice,  required  by  the  statute  to  be  signed  by  the  claimant,  is  suf- 


STATE  OF  WASHINGTON  357 

flcient  when  signed  by  one  "A.  S.  agent,"  through  whom  the  claimant  did  busi- 
ness without  disclosing  .the  principals  when  no  one  was  misled  thereby ;  since 
the  same  fulfills  the  purpose  of  the  statute  to  give  notice  of  claims :    Id. 

STATE  COLLEGE  OF  WASHINGTON  EXPERIMENT  STATION 

580.  Acceptance  of  federal  aid 

The  state  of  Washington  hereby  assents  to  the  purposes, 
terms,  provisions  and  conditions  of  the  grant  of  money  provided 
in  an  act  of  Congress  approved  March  16,  1906,  said  act  being 
entitled  "An  act  to  provide  for  an  increased  annual  appropria- 
tion for  agricultural  experiment  stations  and  regulating  the  ex- 
penditure thereof,"  and  having  for  its  purpose  the  more  com- 
plete endowment  and  maintenance  of  agricultural  experiment 
stations  theretofore  or  thereafter  established  under  an  act  of 
Congress  approved  March  2,  1887.  (L.  '07,  p.  423,  §  1 ;  Rem. 
&  Bal.,  §4344.) 

See,  supra,  §  25  et  seq.,  Code  Pub.  Ins.,  State  College  of  Washington. 
Evidently   by   oversight,    this   and   the   next   section   were    omitted   from   the 
"School  Code"  of  1909. 

581.  Disposition  of  appropriation 

Said  annual  sum  appropriated  and  granted  to  the  state  of 
Washington  in  pursuance  of  said  act  of  Congress  approved 
March  16,  1906,  shall  be  paid  as  therein  provided  to  the  treas- 
urer or  other  officer  duly  appointed  by  the  board  of  regents  of 
the  State  Agricultural  Experiment  Station  at  Pullman,  Wash- 
ington;  and  the  board  of  regents  of  such  experiment  station 
are  hereby  required  to  report  to  the  Secretary  of  Agriculture  on 
or  before  the  first  day  of  September  of  each  year  a  detailed  state- 
ment of  the  amount  so  received  and  its  disbursements  on  sched- 
ules prescribed  by  the  Secretary  of  Agriculture.  (L.  '07,  p.  424, 
§2;  Rem.  &  Bal.,  §  4345.) 

Superseded,  in  part,  by  supra,  §  546,  Code  Pub.  Ins.,  requiring  payment  to 
State  Treasurer. 

582.  Experiment  station  at  Puyallup 

The  operation  and  conduct  of  the  agricultural  experiment 
station  heretofore  established  at  Puyallup,  Washington,  shall 
be  under  the  supervision  and  control  of  the  board  of  regents  of 


258  CODE  OF  PUBLIC  INSTRUCTION 

the  Agricultural  College  and  School  of  Science,  and  the  State 
Auditor  is  hereby  authorized  to  audit  all  claims  and,  if  found 
correct,  to  issue  warrants  upon  the  State  Treasurer  in  payment 
of  bills  duly  authorized  by  said  board  as  provided  by  law,  and 
the  State  Treasurer  is  hereby  directed  to  pay  the  same.  (L. 
'99,  p.  132,  §  1 ;  Rem.  &  Bal.,  §  4346.) 

583.     Acquisition  of  lands  for  experimental  purposes 

The  board  of  regents  of  the  State  College  of  Washington  is 
hereby  authorized  and  empowered  to  acquire  by  lease  or  gift, 
any  tract  or  tracts  of  land,  which,  in  its  judgment,  are  neces- 
sary for  experimental  or  demonstrational  purposes,  or  for  oth- 
erwise carrying  out  the  purposes  or  work  of  the  college  as  de- 
fined by  law,  and  to  pay  for  the  same  out  of  the  maintenance 
fund  of  the  college:  Provided,  That  not  more  than  twelve  hun- 
dred dollars  a  year  shall  be  paid  from  said  fund  for  said  pur- 
poses :  Provided  further.  That  when  said  land  is  leased  by  the 
state  for  purposes  of  this  act,  such  land  shall  be  exempt  from 
taxation.     (L.  '09,  p.  815,  §  1 ;  Rem.  &  Bal.,  §  4347.) 

See,  supra,  §  544,  Code  Pub.  Ins.,  disposition  of  lands. 


STATE  OF  WASHINGTON  ^59 


RULES  AND  REGULATIONS,  BY  STATE  BOARD  OF 

EDUCATION 


TEACHERS. 

1.  The  teachers  in  the  public  schools  of  this  state  shall  follow  the 
prescribed  course  of  study  and  enforce  the  rules  and  regulations  of  the 
State  Board  of  Education ;  shall  keep  records,  use  blanks  and  render  re- 
ports according  to   instructions. 

2.  Teachers  shall  be  held  responsible  for  the  care  of  all  school 
property  entrusted  to  them;  shall  frequently  inspect  the  same  and 
promptly  report  to  the  district  clerk  any  damage  it  may  have  received. 

3.  Each  teacher  shall  prepare  a  program  of  daily  exercises,  a  copy 
of  which  shall  be  posted  in  a  conspicuous  place  in  the  school  room. 

4.  Teachers  shall  exercise  watchful  care  over  the  conduct  and 
habits  of  the  pupils  while  under  their  jurisdiction. 

5.  Teachers  shall  maintain  strict  order  and  discipline  in  their 
schools  at  all  times.  Any  neglect  of  this  requirement  shall  be  consid- 
ered good  cause  for  dismissal.  Corporal  punishment  may  be  resorted  to 
when  it  becomes  necessary  to  the  preservation  of  proper  discipline.  No 
cruel  or  unusual  punishment  shall  be  inflicted;  and  no  teacher  shall 
administer  punishment  on  or  about  the  head  of  any  pupil. 

6.  In  any  case  of  misconduct  or  insubordination,  when  the  teacher 
deems  it  necessary  for  the  good  of  the  school,  he  may  suspend  a  pupil, 
and  shall  immediately  notify  the  directors  of  the  district  thereof  for 
further  action,  and  shall  send  a  copy  of  said  notice  to  the  parents  or 
guardians  of  the  child. 

7.  Every  public  school  teacher  shall  give  vigilant  attention  to  the 
temperature  and  ventilation  of  the  school  room  and  shall  see  that  the 
atmosphere  of  the  room  is  frequently  changed. 

8.  Teachers  shall  have  the  right,  and  it  shall  be  their  duty  to  di' 
rect  and  control  within  reasonable  limits  the  studies  of  their  pupils: 
Provided,  That  all  pupils  shall  receive  instruction  in  the  branches  in- 
cluded in  the  prescribed  course  of  study. 

9.  The  use  of  tobacco  in  any  form  or  place  by  a  teacher  is  discoun- 
tenanced, and  the  use  of  alcoholic  stimulants  in  any  form  or  place  as 
a  beverage  is  prohibited.  The  use  of  tobacco  or  any  other  narcotic  on 
the  school  premises  by  a  teacher  shall  work  a  forfeiture  of  his  certi- 
ficate. 

10.  The  teacher  shall  make  an  estimate  of  the  worth  of  each  pupil's 
work  in  the  several  subjects  as  often  as  once  every  two  months.  This 
estimate  should  be  based  upon  the  pupil's  daily  work,  together  with 
such  tests  as  the  teacher  may  deem  it  advisable  to  give  during  the 
period. 


#60  CODE  OP  PUBLIC  INSTRUCTION 

At  the  close  of  every  term  of  school  the  teacher  shall  thoroughly 
examine,  in  all  necessary  branches,  all  pupils  whose  work  has  not  been 
satisfactory,  and  shall  leave  in  the  register  a  statement  of  the  work 
completed  by  each  pupil  in  each  subject.  He  shall  also  leave  a  record 
of  the  deportment  of  each  pupil. 

11.  Teachers  shall  require  excuses  from  the  parents  or  guardians 
of  pupils,  either  in  person  or  by  written  note,  in  all  cases  of  absence, 
tardiness  or  dismissal  before  the  close  of  school,  and  no  excuse  shall  be 
deemed  valid  except  that  of  sickness.  Excuses  for  absence  shall  be 
placed  in  the  hands  of  the  attendance  officer,  and  it  shall  be  the  duty 
of  said  attendance  officer  to  investigate  thoroughly  each  case  and  enforce 
the  provisions  of  the  law  relating  thereto. 

12.  An  attendance  of  less  than  one  hour  at  any  half-day's  session 
shall  not  be  counted  by  the  teacher  in  making  his  or  her  annual  report. 

13.  Teachers  are  enjoined  to  encourage  exercises  in  composition 
and  declamation,  including  memorization  of  choice  selections  and  quota- 
tions. In  the  preparation  of  programs  for  rhetoricals,  teachers  shall 
use  every  effort  to  secure  selections  of  a  high  literary  character. 

14.  Teachers  are  required  to  be  at  their  respective  schoolrooms 
at  least  thirty  minutes  before  the  time  of  opening  of  school  in  the 
morning  and  fifteen  minutes  before  the  opening  of  school  in  the  after- 
noon. 

15.  Teachers  are  required  to  make  due  preparation  daily  for  their 
•duties,  such  preparation  to  include  attendance  upon  teacners'  meetings 
and  other  professional  work  contributing  to  efficient  school  service, 
which  may  be  required  by  the  superintendent,  principal,  or  board  of  di- 
rectors. 

PUPILS. 

1.  Every  pupil  shall  be  punctual  and  regular  in  attendance,  obed- 
ient to  all  rules  of  the  school,  diligent  in  study,  respectful  and  obedient 
to  teachers  and  kind  and  obliging  to  schoolmates. 

2.  Wilful  disobedience,  habitual  truancy,  vulgarity  or  profanity, 
the  use  of  tobacco  on  or  about  the  school  premises,  stealing,  the  carry- 
ing of  deadly  weapons,  the  carrying  or  using  of  dangerous  playthings, 
shall  constitute  good  cause  for  suspension  or  expulsion  from  school. 

3.  As  soon  as  dismissed,  pupils  shall  leave  the  school  premises  and 
go  directly  to  their  homes.  Loitering  on  the  way  to  and  from  school  is 
positively  forbidden. 

4.  Pupils  shall  give  attention  to  personal  neatness  and  cleanliness, 
and  any  who  repeatedly  fail  in  this  respect  may  be  sent  home  to  be 
prepared  properly  for  school. 

5.  Pupils  shall  not  be  detained  more  than  forty  minutes  after  the 
regular  hour  for  dismissal. 


STATE  OF  WASHINGTON  %qi 


INSTRUCTIONS  RELATIVE  TO  ISSUANCE  OF   BONDS 
AND  PREPARATION  OF  TRANSCRIPT. 


In  the  course  of  the  past  few  years  the  Attorney  General  and  his 
assistants  have  had  occasion  to  examine  and  pass  upon  a  large  num- 
ber of  bond  issues  of  school  districts  throughout  the  state.  Prom  such 
examination  the  Attorney  General  has  been  impressed  with  the  fact 
that  the  procedure  leading  up  to  the  issuance  of  such  bonds  and  the 
manner  of  preparing  the  transcript  are  not  fully  understood  by  the 
different  school  officers.  For  the  assistance  of  those  in  charge  of  the 
affairs  of  the  various  school  districts  these  instructions  are  printed, 
in  which  a  number  of  the  more  common  defects  in  procedure  are 
pointed  out  and  explanation  of  the  transcript  required  by  the  State 
Board  of  Finance  is  given. 

The  procedure  in  the  issuance  of  bonds  by  school  districts  is  pre- 
scribed in  sections  288  to  302,  inclusive,  Code  of  Public  Instruction. 
(Remington  and  Ballinger's  Code,  sections  4607  to  4621,  inclusive,  as 
amended  by  chapter  88,  Laws  of  1911.) 

The  conduct  of  elections  in  districts  of  the  first  class  is  governed 
by  sections  348  to  366,  inclusive,  Code  of  Public  Instruction.  (Reming- 
ton and  Ballinger's  Code,  sections  4667  to  4685,  inclusive,  as  amended 
by  chapters  106  and  107,  of  the  Laws  of  1911.) 

In  school  districts  of  the  second  and  third  classes  elections  are  held 
under  sections  338  to  344,  inclusive,  Code  of  Public  Instruction.  (Rem- 
ington and  Ballinger's  Code,  sections  4657  to  4663,  inclusive,  as  amended 
by  chapter  115,  Laws  of  1913.) 

The  suggestions  here  made  do  not  refer  to  the  procedure  in  validat- 
ing indebtedness  of  school  districts,  which  is  covered  by  other  provi- 
sions of  the  Code  of  Public  Instruction,  sections  303  to  310,  inclusive. 
(Remington  and  Ballinger's  Code,  sections  4622  to  4269,  inclusive,  and 
chapter  136,  Laws  1913.)  Directors  intending  to  submit  the  question  of 
the  validation  of  indebtedness  to  the  electors  of  their  districts  are 
advised  to  consult  the  prosecuting  attorney  of  their  county  respecting 
the  forms  of  resolutions  to  be  adopted,  and  all  other  matters  of  pro- 
cedure. 

In  order  that  there  may  be  no  question  of  the  validity  of  the  pro- 
posed bond  issue,  there  should  be  a  strict  compliance  with  the  pro- 
visions of  the  statutes  referred  to.  The  suggestions  here  made  do  not 
cover  all  of  the  provisions  of  the  law,  but  are  intended  to  be  supple- 
mentary thereto  and  in  explanation  thereof. 

A  transcript  is  required  by  all  bond  buyers  in  order  that  the  pur- 
chaser may  be  informed  of  the  nature  and  character  of  the  invest- 
ment, and  of  the  validity  of  the  bonds  offered  for  sale.  The  purchaser 
of  bonds  depends  almost  entirely  upon  the  transcript  for  this  informa- 


262  CODE  OF  PUBLIC  INSTRUCTION 


tion,  and  it  is  necessary  therefore  to  have  all  the  proceedings  set  forth 
very  fully  and  in  as  legible  a  manner  as  possible.  In  preparing  the 
transcript  it  should  be  borne  in  mind  that  those  who  are  called  upon 
to  examine  the  proceedings  are  not  familiar  with  local  conditions  in 
the  different  school  districts,  and  for  that  reason  every  step  should  be 
carefully  explained. 

All  action  by  the  directors  of  a  district  should  be  taken  by  resolu- 
tions, as  motions  are  too  indefinite. 

PURPOSES  FOR  WHICH  BONDS  MAY  BE  ISSUED. 
Bonds   may   be   issued    only   for   the   purposes   enumerated    in   the 
statute,  which  are  as  follows: 

1.  For  the  funding  of  outstanding  indebtedness. 

2.  For  the  purchase  of  school  house  site  or  sites. 

3.  For  the  building  of  one  or  more  school  houses,  and  providing 
the  same  with  all  necessary  furniture,  apparatus  or  equipment  (section 
288,  Code  of  Public  Instruction). 

If  the  purposes  for  which  the  bonds  are  being  issued  are  not  nat- 
urally related  or  connected  they  must  be  considered  as  separate  propo- 
sitions. Each  proposition  must  be  separately  submitted  to  the  voters 
at  the  election  and  voted  upon  separately.  For  instance,  the  issuance 
of  refunding  bonds,  and  bonds  to  secure  money  to  purchase  a  site  and 
build  a  school  house  are  two  separate  and  distinct  propositions. 

An  indebtedness  in  order  to  be  refunded  under  this  chapter  (ten) 
must  be  valid,  and  proof  of  the  validity  is  required  before  refunding 
bonds  will  be  accepted. 

The  purposes  for  which  money  may  be  borrowed  and  bonds  issued, 
it  will  be  noted,  are  those  which  require  an  unusual  and  extraordinary 
expenditure  of  money.  Bonds  cannot  be  issued  for  continuing  regular 
expenditures  for  the  maintenance  of  the  schools.  This  class  of  ex- 
penditures must  be  taken  care  of  from  the  current  revenues  of  the  dis- 
trict. 

Before  any  steps  looking  to  the  issuance  of  bonds  are  taken,  the  ob- 
ject and  purpose  of  the  issue  should  be  fully  and  carefully  considered 
by  the  officers  of  the  district,  and  a  complete  investigation  of  the  finan- 
cial condition  of  the  district  made. 

LIMIT  OF  INDEBTEDNESS. 

The  constitution  limits  the  amount  of  indebtedness  any  school  dis- 
trict may  incur  to  five  per  centum  of  the  assessed  valuation  of  the 
taxable  property  therein,  to  be  ascertained  from  the  last  assessment 
for  state  and  county  purposes  previous  to  the  incurring  of  the  indebt- 
edness (Const,  art.  8,  sec.  6).  In  other  words,  no  territory  can  be 
made  liable  for  a  debt  for  school  purposes  in  excess  of  five  per  cent, 
of  the  assessed  valuation  of  the  property  in  that  particular  territory. 
It  makes  no  difference  by  what  district  the  indebtedness  is  to  be  or 
was  incurred.  It  should  be  remembered  in  this  connection  that  dis- 
tricts forming  a  consolidated  district  retain  their  corporate  existence 


STATE  OF  WASHINGTON 


for  the  purpose  of  paying  off  their  indebtedness  existing  at  the  time  of 
their  consolidation.-^  Such  indebtedness  is  not  absorbed  by  the  con- 
solidated district.  For  instance,  if  a  school  district  prior  to  its  con- 
solidation with  other  districts  to  form  a  consolidated  district,  had  an 
outstanding  indebtedness,  then  the  consolidated  district  cannot  incur 
an  indebtedness  the  result  of  which  will  be  to  charge  the  territory 
within  such  school  district  with  an  indebtedness,  which  when  added 
to  its  existing  indebtedness  will  exceed  the  five  per  cent,  limit. 

The  same  principles  apply  in  the  case  of  a  union  high  school  dis- 
trict. A  union  high  school  district  cannot  incur  an  indebtedness  which 
when  distributed  among  the  districts  forming  it  will  result  in  charging 
the  territory  within  any  school  district  with  an  indebtedness  in  excess 
of  five  per  cent,  of  the  assessed  valuation  of  the  property  therein.  Con- 
versely, a  school  district  which  is  a  part  of  a  union  high  school  dis- 
trict cannot  incur  an  indebtedness  which  when  added  to  its  proper 
proportion  of  the  indebtedness  of  the  union  high  school  district  will 
exceed  the  five  per  cent,  limit. 

Cash  on  hand  and  uncollected  taxes  due  may  be  considered  as  an 
asset  for  the  purpose  of  computing  the  indebtedness  of  a  school  dis- 
trict.    This  rule,  however,  is  subject  to  the  following  exceptions: 

1.  If  the  district  seeks  to  include  cash  on  hand  or  uncollected  taxes 
as  an  asset,  it  must  deduct  therefrom  any  indebtedness  contracted  or 
liability  incurred  which  is  payable  from  such  cash  or  the  proceeds  of 
such  taxes. 

2.  Cash  in  the  general  fund  and  uncollected  taxes  due  to  the 
general  fund  can  only  be  considered  as  an  offset  to  indebtedness  pay- 
able from  the  general  fund. 

ELECTIONS. 

The  suggestions  made  under  this  heading  apply  only  to  school  dis- 
tricts of  the  second  and  third  classes.  Elections  in  districts  of  the  first 
class  must  be  conducted  under  sections  348  to  366,  inclusive,  Code  of 
Public  Instruction,  to  which  reference  must  be  had  by  the  officers  of 
such  districts. 

All  school  elections  in  districts  of  the  second  and  third  classes  must 
be  held  at  the  school  house  if  there  be  one  in  the  district;  or  if  there 
is  no  school  house  in  the  district,  or  if  there  are  more  than  one,  then 
at  one  or  more  places  designated  by  the  directors. 

The  judges  and  clerk  must  be  selected  by  the  electors  present  at  the 
polling  place  at  the  hour  named  for  the  opening  of  the  polls,  or  as  soon 
thereafter  as  there  are  a  sufficient  number  of  electors  present  to  con- 
stitute an  election  board. 

The  polls  must  be  opened  at  1  o'clock  p.  m.  and  closed  at  the  hour 
named  in  the  notice  of  election,  which  must  not  be  earlier  than  4 
o'clock  p.  m.  or  later  than  8  o'clock  p.  m. 

Each  proposition  to  be  voted  upon  must  be  submitted  separately  and 
voted  upon  separately. 


264  CODE  OF  PUBLIC  INSTRUCTION 

The  ballots  must  contain  a  statement  of  each  proposition  and  fol- 
lowing each  proposition  the  words,  "Bonds,  Yes,"  and  "Bonds,  No." 

SALE  OF  BONDS. 

The  board  of  directors  should  within  thirty  days  after  the  date  of 
election  certify  the  result  of  the  election  to  the  county  treasurer. 

The  notice  of  sale  of  bonds  must  be  advertised  for  four  consecutive 
issues,  in  at  least  a  weekly  newspaper  published  at  the  county  seat,  if 
there  be  one.  The  notice  of  sale  of  bonds  must  state:  (1)  The  amount 
of  bonds  to  be  sold;  (2)  The  time  they  are  to  run;  (3)  Where  payable; 
(4)  The  option,  if  any,  of  the  district  to  redeem;  (5)  The  hour  and 
day  for  considering  bids;  (6)  The  manner  in  which  bids  are  to  be  sub- 
mitted, with  a  request  that  the  bidders  name  the  price  and  rates  of 
interest  at  which  they  will  purchase  such  bonds.  Bonds  cannot  bear 
a  greater  rate  of  interest  than  six  per  centum. 

The  bonds  as  advertised  for  sale  should  correspond  in  every  respect 
with  those  which  the  voters  have  authorized  the  directors  to  issue. 

TRANSCRIPT. 

The  State  Board  of  Finance  furnishes  a  blank  certificate  to  be 
signed  and  an  affidavit  to  be  subscribed  and  sworn  to  by  the  directors  of 
a  district  selling  bonds  to  the  state.  This  certificate  requires  twelve 
exhibits,  which  should  be  attached  to  the  general  certificate  and  affi- 
davit, which  constitute  the  transcript.  This  general  certificate  and 
affidavit  should  be  made  out  and  subscribed  and  sworn  to  subsequent 
to  the  date  or  dates  upon  which  all  the  exhibits  required  are  made  and 
subscribed  and  sworn  to.  The  exhibits  of  resolutions  called  for  are  to 
be  exact  copies  of  the  actual  entries  that  have  been  made  in  the  records 
of  the  board  of  directors.  If  they  are  not  of  record  the  record  should 
be  perfected  before  the  transcript  is  completed  or  certified  to. 

No  forms  or  blanks  for  preparing  exhibits  or  resolutions  are  sup- 
plied by  the  state. 

The  exhibits  should  be  on  good  quality  of  paper,  the  same  width  and 
length  as  the  general  certificate  and  affidavit  of  the  board  of  directors 
furnished  by  the  State  Board  of  Finance,  unless  printed  forms  are  used. 

The  exhibits  must  be  properly  lettered  and  identified  by  the  letters 
as  set  forth  in  the  general  certificate  furnished  by  the  State  Board  of 
Finance. 

EXHIBITS. 

"Exhibit  A"  must  be  a  copy  of  the  resolution  adopted  by  the  board 
of  directors  authorizing  the  issuance  of  the  bonds.  The  resolution  to 
be  in  proper  form  should  set  forth  in  detail  the  amount  and  duration 
of  the  bonds,  the  option,  if  any,  to  redeem,  and  the  purpose  for  which 
the  bonds  are  issued.  To  this  resolution  should  be  attached  a  cer- 
tificate signed  by  the  board  of  directors,  to  the  effect  that  such  resolu- 
tion was  duly  passed  and  adopted  by  the  board  of  directors  at  a  regu- 
lar or  special  meeting  of  the  board,  setting  forth  the  date  of  the  meet- 


STATE  OF  WASHINGTON  255 


ing,  the  names  of  the  directors  present,  and  that  the  same  appears  of 
record  upon  the  book  of  proceedings  of  the  district. 

"Exhibit  B"  must  be  a  copy  of  the  resolution  adopted  by  the  board 
of  directors  providing  for  the  calling  of  the  election  at  which  the  ques- 
tion of  whether  or  not  bonds  shall  be  issued  is  to  be  submitted  to  the 
voters.  This  resolution  to  be  in  proper  form  should  set  forth  the 
purpose  for  which  the  bonds  are  to  be  issued,  the  amount  and  duration 
of  the  bonds,  together  with  the  option,  if  any,  to  redeem;  and  should 
provide  for  the  holding  of  the  election  at  the  school  house  of  the  dis- 
trict, and  for  the  posting  of  the  notices  of  election  at  least  ten  days 
prior  to  the  date  of  the  election  in  three  conspicuous  public  places  in 
the  district.  This  resolution  should  have  attached  to  it  a  certificate 
showing  that  such  resolution  was  duly  passed  and  adopted  by  the  board 
of  directors  at  a  regular  meeting  of  the  board,  setting  forth  the  date 
of  the  meeting,  the  names  of  the  directors  present,  and  a  statement 
that  the  same  appears  of  record  upon  the  book  of  proceedings  of  the 
district. 

"Exhibit  C"  must  be  a  true  and  correct  copy  of  the  notice  of  elec- 
tion as  posted. 

"Exhibit  D"  must  be  an  affidavit  by  the  person  posting  the  notices 
of  election,  setting  forth  that  the  notices  were  posted  in  at  least  three 
conspicuous  public  places  in  the  district,  one  of  which  was  the  place  at 
which  the  election  was  held,  the  places  at  which  the  notices  were  posted, 
the  date  of  the  posting  of  the  notices,  the  length  of  time  prior  to 
the  date  of  election  that  they  were  posted,  that  they  remained  posted 
until  after  the  date  of  election,  and  that  "Exhibit  C"  of  the  transcript 
is  a  true  and  correct  copy  of  the  notices  so  posted.  This  exhibit  is  an 
affidavit  and  must  be  subscribed  and  sworn  to  before  some  officer,  such 
as  a  notary  public,  duly  authorized  to  administer  such  an  oath.  The 
director  of  a  school  district  has  no  such  authority. 

"Exhibit  E"  must  be  a  copy  of  the  report  of  the  judges  and  clerk 
of  election  as  submitted  to  the  board  of  directors  of  the  district,  and 
as  entered  on  the  records  of  said  board.  This  report  consists  of  a  copy 
of  the  poll  sheet,  together  with  the  oaths  of  the  judges  and  clerk  of 
election,  and  should  be  accompanied  by  an  affidavit  of  the  judges  and 
clerk  of  election  to  the  effect  that  they  were  duly  selected  to  act  as 
such  judges  and  clerk  of  election  by  the  voters  present  at  the  polling 
place  at  the  hour  named  for  the  opening  of  the  polls;  that  they  took 
and  subscribed  to  the  oaths  as  such  judges  and  clerk  of  election,  as 
set  forth  on  the  copy  of  the  poll  sheet  thereto  attached;  that  they 
opened  the  polls  at  the  hour  named  in  the  notice  of  election  (1  o'clock 
p.  m.)  and  closed  them  at  the  hour  named  in  the  notice  of  election 
(not  earlier  than  4  o'clock  p.  m.  nor  later  than  8  o'clock  p.  m.) ;  that 
to  the  best  of  their  knowledge  and  belief  they  permitted  none  but  the 
duly  qualified  electors  of  the  district  to  vote,  and  refused  no  duly 
qualified  elector  the  right  to-  vote;  that  the  election  was  duly  con- 
ducted in  all  respects  as  required  by  law;   the  number  of  ballots  and 


9,66 


CODE  OF  PUBLIC  INSTRUCTION 


the  number  of  votes  cast,  the  number  of  votes  for  and  the  number  of 
votes  against  bonds.  This  affidavit  should  be  subscribed  and  sworn  to 
before  some  officer  authorized  to  take  such  an  oath.  The  director  of 
a  district  has  no  such  authority. 

"Exhibit  F"  must  be  a  copy  of  the  certificate  of  election  submitted 
to  the  county  treasurer  by  the  directors.  The  facts  set  forth  in  this 
certificate  should  correspond  with  those  as  shown  in  the  resolutions 
marked  "Exhibits  A"  and  "B,"  and  the  notice  of  election  marked 
"Exhibit  C."  The  directors  have  no  authority  to  certify  that  bonds  in 
an  amount  different  from  that  voted  upon  or  of  a  different  character, 
are  to  be  issued. 

"Exhibit  G"  must  be  an  affidavit  of  the  county  treasurer,  showing 
how  and  in  what  manner  the  sale  of  bonds  was  advertised,  and  should 
refer  to  "Exhibit  H."  The  treasurer  should  be  careful  in  preparing 
his  notice  of  sale  for  publication  to  call  for  bonds  of  the  same  char- 
acter as  those  which  the  certificate  of  the  directors  shows  were  au- 
thorized by  the  voters. 

"Exhibit  H"  must  be  an  affidavit  by  the  publisher  giving  the  time 
of  publishing  the  notice  of  the  sale  of  bonds,  and  must  set  forth  a 
copy  of  the  published  notice. 

"Exhibit  I"  must  be  a  copy  of  the  resolution  awarding  the  bonds 
to  the  state,  as  adopted  by  the  board  of  directors  at  their  meeting  with 
the  county  treasurer.  This  resolution  to  be  in  proper  form  should  set 
forth  a  statement  of  each  bid  received;  that  it  is  determined  that  the 
bid  of  the  state  is  the  best  bid,  and  should  provide  for  the  sale  of  the 
bonds  to  the  state  in  accordance  with  the  bid  of  the  State  Board  of 
Finance.  To  this  exhibit  should  be  attached  a  certificate  signed  by  the 
board  of  directors,  to  the  effect  that  such  resolution  was  duly  passed 
and  adopted  by  the  .board  of  directors  at  a  regular  meeting  of  the 
board,  setting  forth  the  date  of  the  meeting,  the  names  of  the  directors 
present,  and  a  statement  that  the  same  appears  of  record  upon  the 
book  of  proceedings  of  the  district. 

"Exhibit  J"  must  be  a  certificate  by  the  county  treasurer,  showing 
the  equalized  assessed  valuation  of  the  district  last  preceding  the  day 
of  the  bond  election,  as  shown  by  the  records  of  his  office.  The  county 
treasurer  should  be  sure  to  attach  his  seal  to  his  certificate.  If  the 
district  issuing  the  bonds  is  a  consolidated  district  the  county  treasurer 
should  set  forth  the  assessed  valuation  of  each  district  forming  the 
consolidated  district  as  well  as  the  assessed  valuation  of  the  con- 
solidated district.  If  the  district  is  included  within  a  union  high  school 
district,  the  county  treasurer  should  set  forth  the  assessed  valuation 
of  the  union  high  school  district.  If  the  district  is  a  union  high  school 
district  the  county  treasurer  should  set  forth  the  assessed  valuation 
of  each  district  forming  the  union  high  school  district. 

"Exhibit  K"  must  be  a  certificate  of  the  county  superintendent  of 
schools,  giving  in  detail  the  time  and  manner  of  the  organization  of 
the  district,  setting  forth  a  copy  of  the  order  of  the  superintendent 


STATE  OF  WASHINGTON  3(37 

forming  the  district,  together  with  such  other  information  as  the 
records  of  the  county  superintendent  show  relative  to  the  organization 
of  the  district.  The  boundaries  of  the  district  should  be  set  forth, 
together  with  a  plat  showing  the  location  of  such  boundaries.  The 
names  of  the  officers  of  the  district  and  their  terms  of  office  from  the 
date  of  the  passage  of  the  resolution  marked  "Exhibit  A"  up  to  the 
date  of  the  making  of  the  general  certificate  should  be  certified  to. 
The  county  superintendent  in  certifying  as  to  the  organization  of  the 
district  should  state  whether  or  not  the  same  is  a  consolidated  district, 
and  if  so  the  districts  from  which  it  was  formed.  He  should  also  state 
whether  the  district  is  included  within  or  a  part  of  a  union  high 
school  district,  and  if  so,  the  name  and  number  of  the  union  high  school 
district  and  the  districts  forming  the  same.  If  the  district  is  a  con- 
solidated district  the  county  superintendent  of  schools  should  certify 
that  none  of  the  districts  forming  such  consolidated  district  were  at 
the  time  of  their  consolidation  included  within  any  union  high  school 
district. 

"Exhibit  L"  must  be  a  certificate  by  the  county  treasurer  showing 
the  indebtedness  of  the  district  by  items  and  must  give  every  class  of 
indebtedness  against  such  district,  whether  special  or  general.  If  the 
district  is  a  consolidated  district  he  should  set  forth  the  indebtedness 
of  each  district  forming  the  consolidated  district  in  addition  to  the 
indebtedness  of  the  consolidated  district.  The  indebtedness  of  each 
district  should  be  set  forth  separately.  If  the  district  is  a  part  of  or 
included  within  a  union  high  school  district,  the  county  treasurer  must 
furnish  a  certificate  as  to  the  indebtedness  of  each  district  forming 
the  union  high  school  district.  In  this  connection  your  attention  is 
called  to  the  fact  that  where  districts  are  consolidated  they  retain 
their  corporate  existence  for  the  purpose  of  paying  off  their  indebted- 
ness until  the  same  has  been  fully  paid.  The  indebtedness  is  not 
charged  as  an  item  of  indebtedness  of  the  consolidated  district.  If 
the  district  is  attempting  to  include  taxes  for  the  current  year  as  an 
asset,  all  indebtedness  which  has  been  contracted,  and  all  liability  in- 
curred, such  as  salaries  of  teachers,  janitors,  etc.,  but  is  unearned  and 
is  payable  from  the  money  derived  from  current  taxes,  should  be  in- 
cluded as  an  indebtedness. 

The  directors  should  certify  as  to  all  indebtedness  contracted  against 
the  district  in  such  a  case. 


FORMS  FOR  USE  OF  SCHOOL  OFFICERS  AND  TEACHERS. 


No.  Descbiption  of  Blank. 

2.  Petition  to  County  Superintendent  for  Formation  of  School  District. 

3.  Petition  to  County  Superintendent  for  Alteration  of  School  District. 

4.  Notice  of  Meeting  to  Investigate  Petition  for  Formation  of  New  School  Dis- 

trict. 

5.  Notice  of  Meeting  to  Investigate  Petition  for  Alteration  of  School  District. 

6.  Certificate  of  Formation  of  School  District  (to  County  Commissioners). 

7.  Certificate  of  Alteration  of  School  District  (to  County  Commissioners.) 

11.  County   Treasurer's   Certificate   to   County    Superintendent   of   Funds   to   be 

Apportioned. 

12.  County  Superintendent's  Certificate  to   County   Treasurer  of  Funds  Appor- 

tioned. 

13.  County   Superintendent's  Notice  to   School  District  Clerk  of  Funds  Appor- 

tioned. 

14.  Annual  Report  of  County  Treasurer  to  County  Superintendent  (2  copies  for 

each  district). 

15.  County  Superintendent's  Appointment  of  Director  to  Fill  Vacancy. 

16.  County   Superintendent's  Report  of  Defective  Youth    (each  blank  holds   16. 

names). 

17.  Graded   School   Report    (2  copies  for  each  district  maintaining  graded  schools). 

18.  High  School  Report   (2  copies  to  each  high  school). 

19.  Annual  Report  of  School  District  Clerk  to  County  Superintendent  (2  copies 

to  each  district). 
19s.  Supplement    (Census    of    Children    of    School    Age — Each    blank    holds    50- 
names). 

20.  Petition  to  Form  Consolidated  District. 

21.  Estimate  of  Expenses   (1  copy  to  each  district). 

21B.     Form  for  Advertisement  of  Estimate  of  Expenses  in  Districts  of  First  and 

Second  Class. 
23.     Notice  of  Annual  School  Election   (3  copies  for  each  district). 

25.  Notice  of  Election  to  Vote  Bonds   (3  copies  for  each  election  held  to  vote 

bonds). 

26.  Notice  of  Special  School  District  Meeting  (3  copies  for  each  meeting  held). 

27.  Notice  of  Meeting  to  Form  Consolidated  District  (3  notices  to  each). 

28.  Certificate  of  Election  and  Oath  of  Office  (1  copy  for  each  officer  elected). 

29.  School  District  Election  Poll  Book   (1  copy  for  each  district). 

30.  Certificate  of  Directors  to  County  Treasurer  that  Bonds  have  been  voted. 

31.  Report  to  County  Auditor  of  School  District  Officers  Elected  and  Qualified 

(each  blank  will  contain  15  names). 

32.  Report  to  County  Auditor  of  School  District  Director  Appointed  (report  re- 

quired for  each  officer  appointed). 

33.  Teacher's  Register  (book). 

34.  Teacher's  Contract  with  Directors   (2  copies  for  each  contract  made). 

35.  Teacher's  Annual  or  Term  Report  to  County  Superintendent    (duplicate  to. 

clerk  in  register). 

37.  Temporary  Certificates   (book). 

38.  Teacher's  Special  Certificates. 

39.  County    Superintendent's    Certificate    that    District    Clerk's    Reports    Have- 

Been  Made    (quarterly). 

40.  Form  of  Contractor's  Bond. 

45.  Appointment  of  Member  of  County  Board  of  Education. 

48.  School  District  Map. 

49.  Report  of  Teachers'  Examination    (each  blank  holds  25  names). 
52.  Requisition  Blanks — A,  long ;  B,  short. 


270 


CODE  OF  PUBLIC  INSTRUCTION 


53.     Certificate  of  Formation  of  Consolidated  District. 

64.     Notice  of  Clerk  Claiming  Attendance. 

55A.     Certificate   to  Clerk  Claiming  Attendance  in  Public   School. 

55B.     Certificate  of  Attendance  in  Private  School. 

56.  Report  of  Registers  and  Record  Books  Sold. 

57.  Certificate  of  Organization  of  School  Board. 

58.  Excuse  by  Superintendent  from  Attendance  of  Pupil  at  School. 

59.  Term   Record  of   Grades   and   Examination. 

60.  Report  of  Eighth  Grade  Graduates. 

69.  Application  for  Temporary  Certificate  Based  on  Non-Accredited  Paper. 

70.  Application  for  Temporary  Certificate  Based  on  Accredited  Paper. 

71.  Application  for  Teacher's  Certificate  upon  Examination. 

72.  Application  for  Grades  of  90  per  cent,  or  Above. 

73.  Application  for  Teacher's  Certificate  Based  on  Examination  and  Grades  of 

90  per  cent.  Obtained  in  Other  States. 

74.  Application  for  Renewal  of  Certificate. 

75.  Application  for  Certificate  upon  Papers. 

76.  Application  for  a  Permanent  Certificate. 

77.  Application  for  a  Second  Grade  Certificate. 

78.  Certificate  of  Attendance  at  Summer   School    (for  use  of  principals  of  ac- 

credited summer  schools). 
80.     Clerk's  Record  Book. 

Note. — Blank  forms  may  be  secured  from  the  county  superintendent. 


SPECIMEN  COPIES  OF  FORMS  MOST  USED 

Form  No.  2. 

Petition  for  Formation  of  a  School  District. 

To  the  Superintendent  of  Common  Schools  of County,  Washington: 

We,    the    undersigned,    being    heads    of    families    and    lawful    petitioners    for 
the  purpose  herein  set  forth,  do  hereby  petition  you  to  form  a  school  district  in 

the  county  of ,  State  of  Washington,  with  the  following  boundaries, 

viz. :  [Here  describe  boundaries.]  Our  reasons  for  asking  for  the  above 
described  district  are  as  follows,  viz.:  [Here  give  reasons.]  Following  is  a 
correct  list  of  the  names  of  children  of  school  age  residing  within  the  limits  of 
the  proposed  district,  viz. : 


Names   of   Children. 

Names   of   Children. 

Names   of   Children. 

Names    of    Petitioners. 

Names    of    Petitioners. 

Names    of    Petitioners. 

Dated  this day  of ,  191. . . 

Note. — This  petition  must  be  signed  by  at  least  five  heads  of  families  residing 
in  the  proposed  district. 


STATE  OF  WASHINGTON 


271 


Form  No.  3. 

Petition  for  Alteration  of  a  School  District. 

To  the  Superintendent  of  Common  Schools  of County,   Washington  : 

We,  the  undersigned,  being  heads  of  families  and  lawful  petitioners  for  the 
purpose  herein  set  forth,  do  hereby  petition  you  to  change  the  boundaries  of 
School  Districts  Nos and ,  of county,  State  of  Wash- 
ington, as  follows,  viz.  :  [Here  describe  change  desired.]  Our  reasons  for  desir- 
ing said  change  of  boundaries  are  as  follows,  viz.  :  [Here  give  reasons.]  Fol- 
lowing is  a  correct  list  of  the  names  of  children  of  school  age  residing  within 
the  territory  which  it  is  desired  to  have  transferred  : 


Names  of   Children. 

Names  of   Children. 

Names  of  Children. 

Names    of    Petitioners. 

Names    of    Petitioners. 

Names    of    Petitioners. 

Dated  this day  of ,  191. . . 

Note. — This  petition  must  be  signed  by  a  majority  of  the  heads  of  families 
residing  in  the  territory  which  it  is  desired  to  have  transferred. 


Form  No.  4. 

Notice  of  Meeting  to  Investigate  a  Petition  for  the  Formation  of  a 

School  District. 

Notice  is  hereby  given  that  a  meeting  will  be  held  at on  the 

day  of ,    191...,   at  the   hour  of.... o'clock. .  .M.,   for   the  pur- 
pose of  investigating  a  petition  which  was  filed  in  my  office  on  the 

day   of ,   191...,    praying  for   the   formation   of  a   School   District, 

with  the  following  boundaries,  viz. : 


And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be 
made  at  the  time  and  place  above  stated,  of  all  matters  pertaining  to  the  forma- 
tion of  the  above  described  School  District,  and  if  it  shall  be  deemed  advisable, 
the  petition  will  be  granted  and  the  School  District  formed  as  prayed  for. 

Dated  this day  of ,   191 

(Signed) 

Supt.  Common  Schools County,  Washington. 

The  above  notice  is  posted  by this day  of 

191.... 


Remarks. — Twenty  days'  notice  must  be  given. 


272  CODE  Of  PUBLIC  INSTRUCTION 

Form  No.  5. 

Notice  of  Meeting  to  Investigate  a  Petition  for  Alteration  of  School 

District  Boundaries. 

Notice  Is  hereby  given  that  a  meeting  will  be  held  at on  the 

day  of ,   191...,   at  the  hour  of o'clock ...  M.t   for   the   pur- 
pose of  investigating  a  petition  which  was  filed  in  my  office  on  the 

day  of ,  191. . .,  praying  for  changes  in  the  boundaries  of  School 

Districts  Nos and ,  in  the  county  of State  of  Wash- 
ington, viz. : 


And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be 
made  at  the  time  and  place  above  stated,  of  all  matters  pertaining  to  said  change 
of  boundaries,  and  that  if  it  shall  be  deemed  advisable  the  petition  will  be 
granted  and  the  changes  made  as  above  described. 

Dated  this day  of ,  191.... 

(Signed) 

Supt.  Common  Schools ,  County,  Washington. 

At  least  one  notice  must  be  posted  in  each  district  aff*ected  by  the  proposed 
change,  and  at  least  one  notice  must  be  posted  in  the  territory  which  It  is  pro- 
posed to  have  transferred.  Notices  must  be  posted  at  least  twenty  days.  The 
county  superintendent  should  retain  a  verbatim  copy  of  the  foregoing  notice  in 
his  office. 


Form  No.  15. 

Appointment  of  School  District  Officer. 

By  virtue  of  authority  in  me  vested  by  law,  I  hereby  appoint 

to  the  office  of  director  of  School  District  No of county, 

State  of  Washington,  to  fill  a  vacancy  caused  by ; 

said to  continue  in  office  until  the  fourth  Monday  following 

the  next  annual  school  election,  and  until  his  successor  has  qualified  according 
to  law. 

Done,   this day  of ,    191 

County  Supt.  of  Schools County,   Washington. 

OATH  OF  OFFICE. 

State  of  Washington,  County  of ,  ss. 

I, ,  do  hereby  solemnly  swear  that  I  will   support 

the  constitution  of  the  United  States  and  the  constitution  of  the  State  of  Wash- 
ington ;  that  I  will  endeavor  to  promote  the  interests  of  education,  and  faithfully 

discharge  the  duties  of  director  of  School  District  No ,  In  the  county 

of ,  In  said  state.     So  help  me  God. 

(Signed) 

Postoffice 

Subscribed  and  sworn  to  before  me,  this day  of 191.  . 


•Here  state  character  Of  officer  administering  oath.  Any  school  district  of- 
ficer may  administer  it. 

Remark.  This  oath  should  he  subscribed  before  some  officer  authorized  to  ad- 
minister oaths  within  ten  days  after  the  appointment,  and  should  be  sent  to  the 
county  superintendent  at  once.  The  county  superintendent  cannot  recognize 
an  officer  as  pftcfe  until  his  oath  Is  oh  file. 


STATE  OF  WASHINGTON 


273 


Form  No.  16. 

Report  of  Defective  Youth. 
To  the  Board  of  Commissioners County,  Washington  : 

I  herewith  transmit  to  you  a  report  of  all  defective  youth  residing  in  your 
county,  as  reported  to  me  by  the  clerks  of  the  several  school  districts  of  the 
county : 

Dated  this day  of 191 

Supt.  of  Common  Schools, County,  Washington. 


Name  of  Youth. 


Character    of 
Ailment 


Name   of   Parent   or 
Guardian. 


P.  O. 


Address  of  Parent 
or  Guardian. 


Remarks. — This  report  should  be  made  to  the  county  commissioners,  at  their 
August  meeting,  and  a  copy  of  it  should  be  sent  by  the  county  superintendent 
to  the  State  Board  of  Control  at  Olympia,  Washington. 


Form  No.  20. 
Petition  for  Formation  of  a  Consolidated  School  District 

To  the  Superintendent  of  Common  Schools  of County,  Washington: 

We,  the  undersigned,  being  heads  of  families  and  lawful  petitioners  for  the 

purpose  herein  set  forth,  do  hereby  petition  you  to  form  a  consolidated  school 

district  in  the  county  of ,  State  of  Washington,   consisting  of  school 

districts  Nos and of  said  county. 

Our  reasons  for  asking  for  the  above  described  district  are  as  follows,  via. : 

Following  is  a  correct  list  of  the  names  of  children  of  school  age  residing 
within  the  limits  of  the  proposed  district,  viz. : 


Names  of  Children 

Miles    from 
School 

Names  of  Children 

Miles    from 
School 

Names  of  Petitioners 

No.  of 
District 

Names  of  Petitioners 

No.  of 
District 

Dated  this day  of ,   191 

Note. — This   petition   must  be   signed   by   at   least  five  heads   of  families   re- 
siding in  the  proposed  district. 


274 


CODE  OF  PUBLIC  INSTRUCTION 


Form  No.  21. 

Estimate  of  School  District  Tax  Levy. 

To  the  Board  of  Commissioners County,   Washington  : 

I, ,   clerk   of  school   district   No of   said   county, 

do  hereby  certify  that  at  a  meeting  of  the  board  of  directors,  duly  held  in  said 

school  district,  pursuant  to  sec.  219,  Code  of  1909,  on  the day  of 

191...,  it  was  estimated  that  the  following  amount  of  money  will  be  required 
for  school  purposes  in  said  district  during  the  present  school  year  : 


General   School   Fund. 


Repairs    $ 

Salaries   of   teachers , 

Salaries    of   janitors , 

Salary   of   clerk , 

School      maintenance      and 

supplies     

Fuel    

Warrant    indebtedness    , 

Incidental    expenses    


Building  Fund. 


Sites     

Buildings  . 
Furnishings 
Apparatus    . 


Total $ . 


Total $. 


Note. — General  school  fund  cannot  be  used  for  sites,  buildings,  furnishings 
or  apparatus. 

You  are  hereby  authorized  to  levy  a  sufficient  tax  on  the  property  of  school 

district    No to    produce    this    amount   after    deducting    the    amount    to 

be  received  by  the  said  school  district  from  state  and  county  funds. 

Dated  this day  of 191 

Clerk 

School    District   No ,    County,    Washington. 

Note. — This  notice  must  be  filed  with  the  clerk  of  the  board  of  county  com- 
missioners on  or  before  the  first  day  of  September. 

It  is  the  duty  of  the  county  commissioners  to  make  sufficient  levies  for  bond 
interest  and  redemption  of  bonds,  in  addition  to  the  above  estimates. 

The  county  superintendent  will  file  with  the  county  commissioners  an  estimate 
of  the  amount  to  be  received  by  each  school  district  from  state  and  county 
funds. 

Amount  to  be  raised  for  redemption  of  bonds,  $ . . .  .  ;  Bond  interest,  $ 


Form  No.  21-B. 

Districts  of  the  First  and  of  the  Second  Class. 

[Form  of  Advertisement.] 

ESTIMATE  OF  SCHOOL  EXPENSES  AND  RECEIPTS. 

School  District  No ,    County.    (Required  by  chapter   138,   Session 

Laws  of  1909.) 

Notice  is  hereby  given  that  the  board  of  directors  of  school  district  No , 

county,   State  of  Washington,  estimate  that  the  said  school  district 

will  need  during  the  school  year  beginning  July  1st, ,  the  amount  shown 


STATE  OF  WASHINGTON 


275 


by  the  itemized  statement  printed  below.     This  estimate  is  subject  to  revision 

and  the  board  of  school  directors  of  the  above  named  district  will  meet  at 

o'clock . .  .  M.,  Monday,  October at for  the  pur- 
pose of  giving  any  taxpayer  an  opportunity  of  being  "heard  in  favor  or  against 
any  proposed  tax  levies."  A  more  detailed  statement  of  the  purposes  for  which 
the  proposed  tax  levy  is  to  be  expended  is  now  on  file  in  the  office  of  the  clerk  of 
the  district  and  is  open  to  inspection  : 

ESTIMATE  OF  EXPENSES. 


General   School   Fund. 


Salary    of    superintendent..   $.. 

Salary  of  attendance  officer.    .  . . 

Salary  of  clerk  or  secre- 
tary   of    school    district 

Salaries  of   .  .  .    principals 

Salaries   of   supervisors    

Salaries  of    ...    teachers 

Salaries   of...    janitors    

Interest  on  warrant  indeb- 
tedness      

Payment  of  warrant  indeb- 
tedness      

Supplies  for  teachers  and 
pupils     

Advertising    

Operating  expenses    , 

Incidentals 

Repairs     . 


Building  Fund. 


Sites     

Buildings  . 
Furnishings 
Apparatus    . 


Total 


Total $ 


ESTIMATE  OF  RECEIPTS. 


State    current    school    fund.    $. 

County    school    fund 

Miscellaneous    


Sale    of    bonds $ . 


Total $ 


Total $ 


Amount  to  be  raised  by  district  tax $ . 

Dated:   191 


Clerk  of  School  District  No ,    County. 

General  school  fund  cannot  be  used  for  sites,  buildings,  furnishings  or  ap- 
paratus. 

It  is  the  duty  of  the  county  commissioners  to  make  sufficient  levies  for  bond 
interest  and  bond  redemption  fund,  in  addition  to  the  above  estimates. 

Amount  to  be  raised  for,  Redemption  of  Bonds,  $ ;  Bond  Interest,  $ 


Form  No.  23 

Notice  of  Annual  School  Election. 

Notice  is  hereby  given  that  the  annual  election  of  School  District  No 

of county,   State  of  Washington,  will  be  held  at ,  in 


276  C0DE  0F  PUBLIC  INSTRUCTION 


Bald  School  District,  on  Saturday,  the day  of  March,  191 

for  the  purpose  of  electing  one  school  district  director  for  a  term  of  three  years 

and  for  the  transaction  of  such  other  business  as  may  lawfully  come  before  the 
meeting. 

The  polls  will  be  open  from o'clock. .  .M.  to o'clock. .  .M. 

By  order  of  the  board  of  directors. 

Dated  this day  of ,  191. . .. 

School    District   Clerk. 

Remarks. — Three  of  these  notices  must  be  posted  at  least  ten  days  prior  to 
the  day  of  election,  one  of  which  must  be  at  the  place  of  holding  the  election. 

All  elections  should  be  held  at  the  school  house,  if  there  be  one,  on  the  first 
Saturday  in  March. 

If  vacancies  are  to  be  filled  in  the  office  of  director,  the  clerk  will  state  the 
facts  in  the  blank  space  left  for  that  purpose.  No  school  district  clerk  will  be 
elected  by  the  people,  the  directors  being  required  to  elect  one.  Directors 
elected  will  take  office  the  fourth  Monday  after  their  election,  and  clerks  will 
take  office  as  soon  as  they  are  elected  by  the  school  board.  The  board  should 
be  organized,  and  the  clerk  elected  on  the  fourth  Monday  after  the  school  elec- 
tion, at  two  o'clock  p.  m.  In  districts  of  the  third  class  the  clerk  must  be  a 
member  of  the  board.  In  districts  of  the  second  class  he  may  or  may  not  be  a 
member  of  the  board. 


Form  No.  25. 

Notice  of  School  District  Bond  Election. 

Notice  is  hereby  given  that  a  special  election  will  be  held  at 

in  School  District  No of county,  State  of  Washington,  on 

the day    of ,    191...,    for    the    purpose    of   determining 

whether   or  not   the   directors   of   said   school   district   shall   borrow   money   and 

issue  bonds  for  the  district  in  the  sum  of dollars,  for  the 

purpose    of Said   bonds,    if 

issued,  shall  bear  a  rate  of  interest  not  to  exceed  6  per  centum  per  annum,  pay- 
able   annually ;  the  bonds  to  be  payable  and  redeemable  in 

years    after    date :    *Provided,    That    said    school    district    reserves   the    right    to 

pay  or  redeem  said  bonds,  or  any  of  them,  at  any  time  after years 

from  the  date  thereof. 

The  election  will  be  by  ballot.  Those  in  favor  of  the  issuing  of  bonds,  as 
above  specified,  will  vote  "Bonds,  yes ;"  those  opposed,  "Bonds,  no." 

The  polls  will  be  open  from o'clock. .  .M.  to o'clock. .  .M. 

By  order  of  the  board  of  directors. 

Dated  this day  of ,  191 

(Signed) School   District  Clerk. 

Remarks. — All  elections  must  be  held  at  the  school  house,  if  there  be  one.  At 
least  three  notices  must  be  posted  at  least  ten  days,  one  of  which  must  be  at 
the  place  of  holding  election. 

•If  the  directors  do  not  desire  the  option  of  paying  the  bonds,  or  any  part 
of  them,  before  the  maximum  limit  stated  in  the  notices,  this  clause  should  be 
erased. 


Form  No.  26. 

Notice  of  Special  School  District  Meeting. 

Notice  is  hereby  given  that  a  special  meeting  of  the  legal  school  electors  of 

School  District  No of county,   State  of  Washington,  will 

be  held  at in  said  district  on  the day  of ,  191 . . .  > 


STATE  OP  WASHINGTON  #77 

beginning  at  the  hour  of o'clock.  .  .M.  of  said  day,  for  the  purpose  of 

determining* 

By  order  of  the  board  of  directors. 

Dated  this day  of ,  191 

(Signed) School   District   Clerk. 

Remarks. — At  least  three  notices  should  be  posted  at  least  ten  days. 

♦See  Sec.  345-6-7,  School  Code. 


Form  No.  27. 

Notice  of  Meeting  to  Form  Consolidated  School  District. 

Notice  is  hereby  given  that  a  meeting  will  be  held  at on  the 

day    of ,    191 ... ,    at    the    hour    of o'clock 

.  .  .  .  m.,  for  the  purpose  of  investigating  a  petition  which  was  filed  in  my  office 
on  the day  of ,  191 . . . ,  praying  for  the  con- 
solidation of  school  districts  Nos and ,  thus  forming  a  consolidated 

school  district. 

And  all  parties  are  hereby  notified  that  a  full  and  fair  investigation  will  be 
made  at  the  time  and  place  above  stated  of  all  matters  pertaining  to  the  forma- 
tion of  the  above  described  school  district,  and,  if  it  shall  be  deemed  advisable, 
the  petition  will  be  granted  and  the  school  district  formed  as  prayed  for. 

Dated  this day  of ,  191 

(Signed) 

Supt.  of  Common  Schools  of County,  Washington. 

Remarks. — Twenty  days'  notice  must  be  given  and  three  notices  should  be 
posted  in  each  district. 


Form  No.  28. 

Certificate  of  Election  and  Oath  of  Office. 

To  the  Superintendent  of  Schools, County,   Washington : 

I   hereby   certify  that  at  the  annual   election  of   School   District  No , 

county,   State  of  Washington,  held  on  the day  of 

t  191 . . . . ,  M was  duly  elected  to  the  office 

of  director  of   said   district   for   a   term   of years,   beginning  on   the 

fourth  Monday  next  succeeding  said  election. 

I  further  certify  that  h . . .  postofflce  address  is ,  State  of  Washington. 

(Signed) 

Clerk  of  Annual  School  Election. 

OATH  OF  OFFICE. 

State  of  Washington,  County  of ,  ss. 

I>    ,  do  hereby  solemnly  swear    (or  affirm)    that  I  will 

support  the  constitution  of  the  United  States  and  the  constitution  of  the  State 
of  Washington  ;  that  I  will  endeavor  to  promote  the  interests  of  education,  and 


278  CODE  OF  PUBLIC  INSTRUCTION 

will   faithfully  discharge   the  duties  of  director  of  School   District  No in 

the  county  of in  said  state.     So  help  me  God. 

(Signed) 

Subscribed  and  sworn  to  before  me  this day  of 191. . . 


(Here  state  official  character  of  officer  who  administers  oath.) 
Remarks. — This  notice  should  be  given  to  the  person  elected,  who  must 
qualify  within  ten  days,  and  send  the  oath  and  certificate  above  to  the  county 
superintendent.  He  must  also  file  with  the  county  auditor  his  signature,  certified 
to  by  some  school  officer.  The  auditor  cannot  register  any  warrants  signed  by 
any  school  officers  whose  signatures  so  certified,  are  not  filed  in  his  office.  The 
county  superintendent  should  not  recognize  any  one  as  director  or  clerk  whose 
oath  is  not  on  file  in  his  office. 


Form  No.  29. 

School  District  Election  Poll  Book. 

Poll  book  of  an  election  held  in  School  District  No. . .  .,  of 

county,   State  of  Washington,  on  the day  of ,    191 . . . 

and being  chosen   judges   of  said   election, 

and clerk,    all    being   duly    sworn,    as   required   by 

law,  before  entering  upon  the  duties  of  their  respective  offices. 


NUMBER  AND  NAMES  OF  ELECTORS  VOTING. 


No.  Name  of  Voter. 


No.  Name  of  Voter. 


Tally  List. 

Tally  List. 





We  hereby  certify  that  the  whole  number  of  electors  voting  at  this  election 

amounts  to ;  that  the  whole  number  of  ballots  cast  at  this  election 

amounts    to ;     that received votes  ; 

that received votes 

Attest :  


Clerk  of  Election.  Judges. 

OATH  OP  JUDGES  OP  ELECTION. 

State  of  Washington,   County  of ss. 

We    and do   solemnly   swear 

that  we  will,  as  judges  of  an  election  to  be  held  in  and  for  School  District  No. 
of county,  State  of  Washington,  on  this 


STATE  OF  WASHINGTON  379 

day  of ". ,  191 duly  attend  said  election  during  its  con- 
tinuance; that  we  will  not  receive  any  vote  or  ballot  from  any  person  other  than 
such  as  we  firmly  believe  to  be  duly  qualified  voters  at  said  election,  according  to 
law  ;  that  we  will  make  a  true  and  perfect  return  of  said  election,  and  will,  in 
all  things,  faithfully  and  impartially  discharge  our  duties  as  judges  of  said  elec- 
tion to  the  best  of  our  judgment  and  ability  ;  and  that  we  are  not  directly  or 
indirectly  interested  in  any  bet  or  wager  on  the  result  of  said  election.  So 
help  us  God. 


Judges. 
Subscribed  and  sworn  to  before  me  this day  of 191. . 


(Here  state  official  character  of  officer  who  administers  oath.) 

OATH  OF  CLERK  OF  ELECTION. 

State  of  Washington,  County  of ss. 

I, do  solemnly  swear  that  I  will,  as  clerk  of  an  election 

to  be  held  in  and  for  School  District  No ,  county  of ,  State 

of  Washington,  on  this day  of 191 . . . . ,  duly  at- 
tend said  election  during  its  continuance ;  that  I  will  record  on  the  poll  book  of 
said  election  the  name  of  each  person  voting  thereat,  and  faithfully  and  im- 
partially discharge  the  duties  of  clerk  of  said  election ;  and  that  I  am  not 
directly  or  indirectly  interested  in  any  bet  or  wager  on  the  result  of  said  elec- 
tion.    So  help  me  God. 

Clerk  of  Election. 
Subscribed  and  sworn  to  berore  me  this day  of 191 . . 


(Here  state  official  character  of  officer  administering  the  oath.  A  director 
may  administer  it.) 

Remarks. — Election  boards  may  vary  the  tally  lists  and  certificate  to  suit 
the  nature  of  the  election.  If  held  for  the  election  of  officers  at  an  annual 
election,  the  name  of  each  person  voted  for  must  be  entered  on  the  tally  list,  and 
a  tally  of  the  votes  cast  for  him  must  be  placed  opposite  his  name.  If  the  elec- 
tion be  for  approving  estimate  of  expenditures  for  current  year,  or  for  selecting 
school  house  site,  etc.,  or  for  voting  bonds,  the  number  of  votes  for  and  against 
the  proposition  must  be  entered  on  the  tally  list.  The  certificate  must  simply 
contain  a  summary  of  the  vote  as  shown  by  the  tally  list.  Election  boards  are 
chosen  by  the  voters.  The  school  district  officers,  or  any  part  of  them,  may  be 
chosen  as  an  election  board.  The  poll  book  and  all  other  papers  should  be  for- 
warded by  the  clerk  of  election  to  the  county  superintendent.  Attached  to  the 
poll  book  should  be  the  oaths  of  the  judges  and  clerk  of  election. 


Form  No.  30. 

Certificate  of  Bond  Election. 

To  the  Treasurer  of County,  Washington  : 

State  of  Washington,   County  of ,  ss. 

We,  the  undersigned  directors  of  School  District  No..  .  .,  of 

county,   Washington,   do  hereby  certify   that  at  an  election  held  in  said   School 
District  on  the day  of ,   191. . .,   it  was  voted  that 


280  CODE  OP  PUBLIC  INSTRUCTION 

the  bonds  of  said  School  District  shall  be  issued  by  the  directors  thereof  in  the 

sum  of dollars,   ($ ),  payable 

years  after  date,  with  interest  not  to  exceed  six  per  cent,  per  annum,  payable 
annually ;  and  we  further  certify  that  the  board  of  directors  of  said  School  Dis- 
trict reserves  the  right  to  redeem  said  bonds  as  follows : 


Witness  our  hands  this day  of ,   191. 


Directors. 
Attest : 


Director  and  Clerk. 

Certificate  of  Bond  Election  Officers. 

We,    ,   and , 

as  judges  and  clerk  respectively  of  the  bond  election  held  in  School  District  No. 

. . ., county,  State  of  Washington,  on  the day 

of ,  191...,  do  hereby  certify,  that  we  were  duly  se- 
lected by  the  voters  present  at  the  polling  place  of  said  election  at  the  hour  of 
the  opening  of  the  polls ;  that  we  took  and  subscribed  to  the  oath  as 
such  judges  and   clerk  of  said  election,   as  provided  by  law  ;   that  the  polls  of 

said  election  were  opened  at  1  o'clock  p.  m.,  and  closed  at o'clock  p.  m. 

(The  hour  named  in  the  notices  of  election,  for  the  closing  of  the  polls  should  be 
inserted  here.  This  should  not  be  earlier  than  4  o'clock  p.  m.,  nor  later  than  8 
o'clock  p.  m.)  ;  that  to  the  best  of  our  knowledge  we  permitted  none  but  the  duly 
qualified  electors  of  said  district  to  vote  at  said  election,  and  refused  none  of  the 
duly  qualified  electors  the  right  to  vote ;  and  that  the  election  was  conducted  in 
all  respects  as  required  by  law. 


Judges. 
Clerk. 


Dated  this day  of ,   191. . 


Form  No.  34. 

Notice  of  Teacher's  Contract. 

To ,   County   Superintendent  of  Schools  : 

The  following  contract  has  been  made'  in  accordance  with  the  action  of  the 

board  of  directors,  as  found  in  the  minutes  of  the  meeting  of  the day  of 

191 

Clerk  District  No 

TEACHER'S   CONTRACT. 

It  is  hereby  agreed,  by  and  between  the  directors  of  School  District  No , 

county  of State  of  Washington,   and ,   the 

holder  of  a  teacher's  certificate  now  in  force  in  said  county,  that  said  teacher 
is  to  teach,  govern  and  conduct  the  public  school  of  said  district  to  the  best  of 
h... ability,  follow  the  course  of  study  lawfully  adopted,  keep  a  register  of  the 
daily  attendance  of  each  pupil  attending  said  school,  make  all  reports  required 
by  law  or  by  lawful   authority,  and  endeavor  to  preserve  in  good  condition  the 


STATE  OF  WASHINGTON  gg^ 


school  house,  grounds,  furniture,  apparatus,  and  such  other  property  of  the  dis- 
trict as  may  come  under  the  immediate  supervision  of  said  teacher,  for  a  term 

of school   months,   commencing  on   the day  of , 

191 ,  for  the  sum  of dollars  per  month,  to  be  paid  at  the 

end  of  each  school  month,  out  of  the  funds  of  said  School  District,  upon  a  war- 
rant drawn  by  the  directors  of  said  School  District  and  payable  by  the  county 
treasurer  :  Provided,  That  if  said  teacher  shall  be  legally  dismissed  from  school, 

or    shall    have certificate    lawfully    annulled,    by    expiration    or    otherwise, 

then  said  teacher  shall  not  be  entitled  to  compensation  from  and  after  such  dis- 
missal and  annullment :  Provided  further,  That  the  wages  of  said  teacher  for 
the  last  month  of  the  school  term  shall  not  be  paid  unless  said  teacher  shall 
have  made  all  reports  hereinbefore  mentioned,  and  shall  have  kept  the  register  in 
a  proper  manner  as  directed  therein. 

And  the  directors  of  said  School  District  hereby  agree  to  keep  the  school  house 
in  good  repair,  to  provide  a  school  register,  fuel  and  other  necessary  supplies 
for  the  comfort  of  the  school. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this 

day  of 191.  . . 


Directors  of  School  District  No 

Teacher. 

P.  O.  Address 

Attest :    ,  Clerk. 

Approved  and  registered 191 . . . 

,  County  Superintendent. 

Note. — The  law  positively  requires  the  making  of  these  contracts.  The  con- 
tract should  be  made  in  duplicate  and  mailed  by  the  clerk  to  the  county  superin- 
tendent of  common  schools,  who  will  register  it  and  return  one  copy  to  the 
clerk  and  the  other  to  the  teacher.  Directors  can  make  no  contract,  lawfully, 
which  extends  beyond  the  time  when  the  teacher's  certificate  expires ;  and  the 
law  requires  that  all  teachers  shall  be  employed  at  school  board  meetings. 


Form  No.  39. 

County  Superintendent's  Certificate  That  All  Reports  Have  Been  Made. 

Office  of  Superintendent  of  Schools, County,  Washington. 

191 

To  the  Board  of  Directors  of  School  District  No County,  Washington : 

I  hereby  certify  that ,  clerk  of  School  District  No 

has  made  all  reports  due  from  said  district,  to  the  county  superintendent,  for  the 
quarter  last  past,   including  the  following : 

County  Superintendent. 

Remarks. This  certificate  is  required  to  be  made  out  and  forwarded,  on  or 

before  the  last  Saturday  of  January,  April,  July  and  October  of  each  year,  to 
all  clerks  who  have  made  all  reports  required  by  law,  and  the  board  of  directors 
is  forbidden  to  audit  any  account  or  issue  any  warrant  for  services  performed  by 
any  clerk  until  this  certificate  is  filed  with  them. 


282  CODE  OF  PUBLIC  INSTRUCTION 


Form  No.  40. 
Form  of  Contractor's  Bond. 
BOND. 
Know  All  Men  by  These  Presents  : 

That (Hereinafter  called  the  Principal),   and 

(hereinafter  called  the  Surety),  are  held  and  firmly  bound  unto  the  State 

of  Washington  in  the  penal  sum  of dollars   ($ )   in 

lawful  money  of  the  United  States,  for  the  payment  of  which  sum  well  and 
truly  to  be  made  the  said  Principal  and  the  said  Surety  bind  themselves,  their 
heirs,  executors,  administrators,  successors  and  assigns,  jointly  and  severally, 
firmly  by  these  presents. 

Signed  and  dated  this day  of ,  A.  D.,  191. ..     The  con- 
dition of  the  obligation  is  such  that, 

Whereas,   said   Principal   has   entered   into   a  written   contract   with   School 

District    No ,    County,    State    of    Washington,    dated    the 

day  of ,  A.  D.,  191. .,  for 


according  to  the  terms  and  conditions  of  said  contract,  a  copy  of  which  is  hereto 
attached  and  made  a  part  hereof, 

Now  Therefore,  if  the  said  Principal  shall  faithfully  perform  all  of  the 
provisions  of  said  contract  in  the  manner  and  within  the  time  therein  set  forth, 
and  shall  pay  all  laborers,  mechanics,  sub-contractors  and  material  men,  and  all 
persons  who  shall  supply  said  principal  or  sub-contractors  with  provisions  and 
supplies  for  carrying  on  of  said  work,  all  just  debts,  dues  and  demands  incurred 

in  the  performance  of  said  work ;   and   shall  hold  said   School   District  No 

County,   State  of   Washington,   harmless  from   any   loss  or   damago 

occasioned  to  any  person  or  property  by  reason  of  any  carelessness  or  negligence 
on  the  part  of  said  principal,  or  of  any  sub-contractor,  in  the  performance  of 
said  work,  then  and  in  that  event  this  obligation  shall  be  void  ;  but  otherwise 
it  shall  be  and  remain  in  full  force  and  effect. 

In  Testimony  Whereof,  the  said  Principal  and  the  said  Surety  have  here- 
unto caused  this  instrument  of  writing  to  be  signed  and  sealed  by  their  duly 
authorized  officers. 




Principal. 


Surety. 
Witnesses : 


Form  No.  54. 

Notice  of  District  Clerk  Claiming  Attendance. 

To  the  Clerk  of  School  District  No , County  : 

You  are  hereby  notified  that  the  public  school  of  this  district  opened  on  the 

day  of ,  191. .,  that  it  will  close  on  the 

day   of ,    191 ,    and   that   all   brances   will    be   taught  up 

to  and  including  those  of  the grade ;  that  this  district  claims  the 

attendance  of  its  resident  pupils  who   attend  your  school  during  the  time  this 


STATE  OF  WASHINGTON 


283 


school  is  in  session.  ~  On  or  before  June  30th,  19 ,  you  will  please  certify  to 

the  clerk  of  this  district  the  number  of  days'  attendance  of  the  following  named 
pupils  who  have  attended  your  school  during  the  time  this  school  has  been  in 
session  : 


Signed. 


Clerk  of  School  District  No 

191 


Dated  this day  of 

Note. — A  copy  of  this  notice  must  be  sent  to  the  county  superintendent  at 
the  time  it  is  served  on  the  school  clerk. 


Form  No.  55  A. 
Certificate  of  Attendance. 

To   the   Clerk  of  School  District  No County,   Washington : 

You    are   hereby   notified   that   the   following   named   students   have   attended 

school  in  District  No ,  between  the day  of ,  191 . . , 

and  the day  of 191 . .  ;  that  they  are  entitled  to 

attendance  in  your  school   during  such   time,   and  that  the  attendance  of  each 
pupil  during  such  time  was  as  follows  : 


Name  of  Pupil. 

Number  of 
Days. 

Name  of  Pupil. 

Number  of 
Days. 



(Signed) 

Clerk  School  District  No County. 


Form  No.  55  B. 
Certificate  of  Attendance. 

To   the   Clerk   of   School   District   No County,    Washington. 

You   are  hereby  notified  that  the  following  named   students   have  attended* 

between    the day    of 191 . . , 

and  the day  or 191 . . ,  and  that  the  attendance  of  each 

pupil  during  such  time  was  as  follows : 


Name  of  Pupil. 

Days. 

Name  of  Pupil. 

Days. 

(Signed).... 
Title . 


Note. — Accredited  attendance  cannot  be  allowed  from  a  business  college, 
art  school,  or  any  other  school  wnose  course  of  study  does  not  parallel  the  course 
of  study  in  the  common  school  up  to  and  including  the  eighth  grade. 

♦Here  insert  name  of  school. 


284  CODE  OF  PUBLIC  INSTRUCTION 

Form  No.  57. 

Certificate  of  Election  of  Clerk  and  Chairman. 

To    the    Superintendent    of    Schools County,    Washington : 

You  are  hereby  notified  that  at  a  meeting  of  the  board  of  directors  of  School 

District  No of  said  county,  held  on  the day  of 

191...,   M ,   whose   P.   O.   address   is , 

was  duly   elected   chairman  of   the  board,   for   a  period   of   one   year,   and   that 

M whose  P.  O.  address  is , 

was  duly  elected  clerk  of  the  board  for  a  period  of  one  year  from  and  after 

March ,    191 

(Signed) , 

Clerk  School  District  No 

Note. — The  new  board  must  meet  and  organize  by  the  election  of  a  chair- 
man and  clerk,  on  the  fourth  Monday  next  succeeding  the  annual  school  elec- 
tion. 

Forward  this  report  to  county  superintendent  immediately. 


Form  No.  58. 
Excuse  of  Child  From  Attendance  at  School. 
To  Whom  It  May  Concern  : 

All   parties   are   hereby   notified   that ,    whose   age    is 

years,    and    whose    residence    is of 

county,   State  of  Washington,   is  hereby  excused  from   attendance  at  school  for 

a  period  of months  from  and  after  this  date,  for  the  following 

reason,    viz. :    


and  that  any  person  or  corporation  is  at  liberty  to  employ  the  above  named 
child  during  the  period  for  which  he  is  excused  from  attendance  at  school,  as 
above  indicated. 

Dated  at ,   Washington,   this day  of ,   191 . . . 

(Signed) 

Superintendent  of 


ERRATA 


A  change  in  numbering  the  last  sections  in  the  book  makes  inac- 
curate the  following  cross  references: 
Under  §  14  to  §  601 
Under  §  18  to  §  606 
Under  §  107  to  §  609 
Under  §  152  to  §  624 
Under  §  195  to  §  618 
Under  §  544  to  §  600 


INDEX 


ACCREDITED  INSTITUTIONS:  gee.  Page. 

Attendance  at,  basis  for  new  certificate 325  154 

Higher  institutions  accredited  by  state  board 11(3)  15 

Normal  training  departments,   how  accredited 11(6)  16 

Requirements,  must  equal  those  of  university  or  normal  schools  11(3)  15 

Secondary  schools,  accredited  by  state  board 11(5)  16 

ADULTS  : 

Admitted  to  State  Institution  for  Feeble-Minded 84%  47 

May  attend  school,  when 166  84 

AGRICULTURE— (see   STATE   COLLEGE,   Experiment   Station)  : 

Taught  in  State  Institution  for  Feeble-Minded 87  48 

Use   of   school   property   for 460  207 

ALCOHOL : 

Failure  to  provide  for  teaching  effects  of,  penalty 370-1  175-6 

Intoxicating    liquors,    sale   prohibited    near    educational    insti- 
tutions   430  197 

penalty   for   violation 431  198 

prohibited   on   or   near   university   grounds 475  212 

penalty  for  violation 476  212 

Teaching  effects   of,   required 89  49 

Use  by  teacher,  prohibited par.  9  259 

ALTERATION   OF   BOUNDARIES— (see   DISTRICTS). 

ANIMALS,  teaching  kindness  to,  required 89  49 

APPARATUS— (see  SUPPLIES). 
APPEALS : 

Basis    of    386  182 

Consolidated    district,    effect    of    appeal 121n  61 

Contracts,  teacher  to  appeal  to  county  superintendent 384n  181 

when   taken   to   courts 385  181 

Decision,  to  be  final,  except 389  182 

copies    of,    record    of 390  183 

court  may  review 389  182 

reported  to   county   assessor,   when 391  183 

Failure  to,  prevents 109n  55 

Heard  and  decided  by  state  board,   when 11(11)  17 

Hearing,   procedure    388  182 

From  decisions  or  orders 384  181 

From  verdict  in  condemnation  proceedings 427  196 

New  districts,   adjustments   in 112  57 

Notice  of  appeal   387  182 

of  decision    390  183 

of  hearing   387  182 

Refusal  to  register  certificate,  appeal  from 315  151 

Revocation  of  certificate,  appeal  from 337  161 

Time  limit 384  181 

Transcript 387  182 

To  state  superintendent  on  points  of  law 5 (14)  12 

To    whom    taken 385  181 

Union  high  school  districts,  concerning  formation 149  71 


Note. —  Index  references  are  made  to  the  section  and  to  the  page  where  the 
section  starts.  In  some  cases  the  subdivision  of  the  section  and  the  page  on 
which  it  appears  are  given.  The  letter  "n"  refers  to  the  note  which  follows  to 
the  specified  section  starting  on  the  specified  page.  The  symbol  "ff"  refers  to 
the  section  specified  and  those  immediately  following. 


286  INDEX 


APPORTIONMENT :  See.  Page 

Attendance  outside  of  district,  created  how 246-7  118-9 

Basis  of,  county  superintendents'  annual  reports 244  118 

total  days'  attendance,  minimum 245  118 

Consolidated  districts,   attendance   accredited 126  63 

when  not  entitled  to 123  62 

County  funds,   manner  of 285  132 

County  superintendent  to  make  to  districts 253  120 

duty  regarding 157(14)        76 

County  treasurer  to  report  amounts 239(2)  114 

Credit  where  school  is  closed  for  contagious  disease 254  121 

Dates  of 243  118 

Districts  must  maintain  school  minimum  term 255n  121 

Defectives,  school  for,  attendance  accredited 250  120 

High  school,  attendance  counted,  how 249  120 

bonus  to,  conditions 252  120 

Institute  attendance,  credit  for 261  123 

double,  not  allowed 258n  122 

Joint  districts,  how  made  to 137  67 

Kindergartens  not  included 412  192 

Loss  of,   liability   for 372  176 

ibid     373  177 

Minimum   credit   allowed 245  118 

New  district  entitled  to,  when 382  180 

Night  school,  attendance  credited,  how 251  120 

Number 243  118 

Parental   schools    250  120 

Private  schools,  attendance  accredited 248  119 

courses  must  parallel  common  schools 255n  121 

Union  high  school  districts,  how  made  to 148  71 

Withheld  by  county  superintendent,  when 255  121 

when  teacher  is  not  legally  qualified 381  179 

ARCHITECT,   first  class  districts  may  employ 191(6)  93 

ASSISTANT   SUPERINTENDENT  OF  PUBLIC   INSTRUCTION: 

Appointed  by  state  superintendent 6  13 

Certificate  to  be  held  by 6  13 

ATHLETIC  FIELD,  directors  may  acquire  by  eminent  domain.  .  .  174n  86 

ATTENDANCE : 

Compulsory— (see  COMPULSORY  ATTENDANCE). 

Credit  for  time  lost  by  quarantine 254  121 

Days  of,  basis  of  apportionment 245  118 

High  school,  how  counted 249  120 

In  private  schools,  credited 248  119 

May  not  be  figured  as  asset 253n  120 

Night  school,  credited  how 251  120 

Officer,  appointment  and  duties 395  185 

failure  to  perform  duty,  penalty 401  188 

may   arrest   without  warrant 396  186 

One  hour   required par.  12  260 

Outside  of  district,  credited  how 246-7  118-9 

Parental  school,   credited  how 250  120 

Schools  for  defectives,  credited  how 250  120 

ATTORNEYS  : 

Districts  of  second  and  third  class  may  not  employ 163n  80 

First  class  districts  may  employ 191  (6)  93 


INDEX 


287 


ATTORNEYS — Continued  :  Sec.  Page 

Prosecuting  attorney,  to  serve  for  school  districts 456  205 

duty  to  enforce  certain  section 371  176 

in  proceedings  relating  to  compulsory  attendance 399  187 

notice  signed  by,  when 417  193 

ATTORNEY  GENERAL,  legal  advisor  for  university 21  22 

BALLOTS : 

Form  of,  in  bond  elections 289  134 

in   elections  to  validate   indebtedness   306  145 

in   general    elections 341  163 

in    special    meetings 346  166 

Required  in  first  class  districts 349  168 

BIBLE— (see  RELIGION). 
BIDS: 

Advertised  for  in  first  class  districts,  when 190  91 

readvertisement  not  required,   when 190n  91 

For  textbooks,    advertised    267,  269  125-6 

On  bonds,  advertisement  for 290  136 

for  validation  of  indebtedness 308  146 

restrictions  regarding 291  137 

BLIND— (see  STATE  SCHOOL  FOR  BLIND). 

BOARD  OF  CONTROL— (See  STATE  BOARD  OF  CONTROL). 

BOARD  OF  EDUCATION,  COUNTY— (see  COUNTY  BOARD  OF 
EDUCATION). 

BOARD  OF  EDUCATION,  STATE— (see  STATE  BOARD  OF 
EDUCATION). 

BOND,  CONTRACTOR'S: 

Copy  of  form  of 282 

Required  on  university  buildings 22  22 

Required   on   state   college   buildings 44  32 

Security  for  labor  on  public  works 577  253 

liability   for   loss 578  255 

action  on  bonds 579  255 

BONDS,   OFFICIAL: 

County    superintendent    to    give 154  73 

First  class  districts,   may  be  required  of  employes 191(12)        94 

secretary  to  give 183  89 

State  college  regents  to  give 29  26 

secretary  to  give 30  27 

treasurer  to  give 30  27 

Superintendent  of  state  school  for  girls  to  give 506  229 

Superintendent  of  state  training  school  to  give. .  „ 521  234 

BONDS,  SCHOOL  DISTRICT  : 

Advertisement  for  bids  on 290  136 

Authority    to    issue 288  133 

Bids,  opening  and  accepting 291  137 

Commission  not  to  be  allowed  county  treasurer 290n  136 

Consolidated  district,  when  issue  is  invalid 127n  64 

Delivery  of  bonds,  when  and  how 291  137 

Disorganization  of  district  not  to  affect  validity 151  72 


INDEX 


BONDS,  SCHOOL  DISTRICT — Continued  :  Sec.  Page 

Elections  to  authorize,  how  held 289  134 

ballots,  form  of 289  134 

form   not   to   invalidate 341n  163 

notice  of   289  134 

registration  not  required  (except  in  first  class  districts) . . .  289n  134 

vote   required    289  134 

Exchange   of   warrants   for 292  138 

Fees  for  advertising,  how  paid 291  137 

Form   and   execution 289-290  134-6 

in  districts  of  first  class 289  134 

Holders   to  notify   county   treasurer 300  141 

Incidental  costs,  how  paid 301  142 

Instructions   relative  to   issuance,    transcript 261 

Interest  on,   levy  for 294  138 

must  be   paid 296  140 

not  to  exceed  what  limit 288  133 

to    cease,    when 302  142 

Issuance  of,  not  to  prevent  formation  or  alteration  of  districts  106  54 

Joint  districts,  to  what  county  deemed  belonging 293  138 

tax  levy,  duties  of  county  treasurers 295  140 

Legal  when  part  is  issued  to  pay  outstanding  warrants 163n  80 

Limit  of  indebtedness 288  133 

Matured,  may  be  exchanged  for 299  141 

Notice  to  bond  holders  of  redemption 300,  302  141-2 

Preference  in  investments  of  state  board  of  finance,  given  to . .  550  243 

Printing  or  lithographing,  payment  for 297  140 

Propositions  stated  separately 289n  134 

separate,  may  be  submitted  at  one  election 289n  134 

Purposes  of  issue 288  133 

Redemption,  date  of 288  133 

how  made   302  142 

Redemption  fund,   created 294  138 

tax  levy  credited  to,  when 294n  138 

Refunding,  issuance,  when 298-9  141 

Registered  with  county  treasurer 290  136 

Sale  of,  to  be  advertised 290  136 

restrictions  on   291  137 

Sinking  fund,  levy  for 294  138 

investment  of 294  138 

not  to  be  divided llln  57 

Validation  of  indebtedness,  issuance  for 307  146 

exchange  of  warrants  for  bonds 309  147 

form  and  execution 307  146 

interest  rate   307  146 

moneys  arising  from,   how   deposited 307  146 

of  district  merged  with  first  class  district 310  147 

sale  of,  how  regulated 308  146 

BOND  REDEMPTION  FUND— (see  BONDS;  REVENUES, 
SCHOOL). 

BOOKS— (see  LIBRARIES;  TEXTBOOKS). 

BOUNDARIES,  appeals  regarding,  taken  to  county  commissioners  385  181 

BUILDINGS  : 

County  superintendent,  to  approve  plans  for,  when 175  87 

power  to  enforce  provision 157(20)        77 

Directors'    powers    over 105  53 

ibid 163(3)  80 


index  289 


BUILDINGS — Continued-:  gee.  Page 

Doors  to  swing  outward,  penalty  for  violation 464  208 

Erection  or  sale  of,  authorized  by  special  meeting 345  166 

First  class  districts,  directors  may  erect,  limitation 194  96 

bids  advertised  for    190  91 

secretary    superintendent    of 182  89 

Second  class  districts,  erection  or  removal,  vote  necessary 204  101 

Third  class  districts,  vote  required 220  106 

approval   of  plans 221  106 

Uses   of,   authorized    163  (10)  81 

Wider  use  of,  for  community  purposes 460  207 

BUILDING  FUND— (see  REVENUES,  SCHOOL). 

BUREAU  OF  INSPECTION: 

May  make  special  investigation 238 V^n  113 

To  install  uniform  system  of  accounting 234n  112 

CENSUS,  SCHOOL— (see  SCHOOL  CENSUS). 

CERTIFICATION  : 

Certificates  and  diplomas,  classification — 

city 324(2)  154 

board  of  examiners,  how  constituted 326  15T 

powers    326  157 

exemptions  from  examinations 330  159 

grammar  school   326(2)  157 

renewal    326(2)  157 

subjects  required   328  158 

validity     326(2)  157 

high  school    326(2)  157 

renewal    326(2)  157 

subjects    required     329  159 

validity     326(2)  157 

primary    326(2)  157 

renewal    326(2)  157 

subjects  required   328  158 

validity     326(2)  157 

qualifications  of  applicants 327  158 

special,  requirements 331  159 

common  school   324  ( 1 )  153 

age   of   applicant 314  150 

first  grade 325(4)  155 

renewal   of    325(4)  155 

subjects    required    325(4)  155 

validity    325(4)  155 

first    grade    primary 325(3)  155 

renewal  of 325 (3)  155 

subjects    required     325 (3)  155 

validity    325(3)  155 

issued  or  countersigned  by  state  superintendent 312  150 

life,    requirements    of 325(7)  156 

validity     325(7)  156 

permanent,    requirements    for 325(6)  156 

validity    325(6)  156 

professional     325  (5)  156 

renewal    of    325(5)  156 

subjects  required 325(5)  156 

validity    325(5)  156 

—10 


290  INDEX 


CERTIFICATION— Continued  :  Sec.          Page 
Certificates  and  diplomas,  classification — 
common  school — 

second  grade   325  154 

given  holder  of  third  grade,  when 325(1)  154 

renewal  of 325 (2)  154 

subjects    required     325(2)  154 

validity    325(2)  154 

third     grade     325(1)  154 

advanced  to  second  grade,  how 325(1)  154 

subjects     required 325(1)  154 

validity    325(1)  154 

valid  in  lieu  of  city  certificate 330  159 

credits  of  ninety  per  cent.,  effect 316  151 

does  not  apply  to  elementary  normal  school  certificate.  316n  151 

obtained  in  other  states,  conditions 319  152 

examinations,  where  and  when  held 322  153 

experience,    evidence    required 317  151 

fees  for  issuance  or  renewal,  disposition 313  150 

paid  into  institute  fund   262  123 

forfeiture  of   379  179 

for  use  of  tobacco  or  narcotics  on  school  premises ....  par.  9  259 

higher  institutions  of  learning,  issued  by 324(3)  154 

issued  by  state  superintendent 5(12)  12 

kindergarten  teachers  to  hold  what 414  192 

letter  not  equivalent  to  certificate 225n  109 

life  diplomas  granted  graduates  of  accredited  normal  train- 
ing  departments    11(6)  16 

moral  character,  evidence  required 315  151 

normal  school — 

contents    and    signatures 55  36 

elementary  certificate    57  37 

granting  of 332  159 

life  diploma    57  37 

normal  school  diploma   57  37 

secondary    certificate     57  37 

optional  subjects  for  examination 318  152 

registration 321  152 

approval   required,   when 157n  74 

requirement,   refusal    315  151 

revocation  of  certificates — 

appeal,    procedure,    effect 337  161 

by  whom   335  160 

causes  for 335  160 

failure  to  attend  institute,   effect 376  178 

hearing  for   335  160 

impropriety,  no  cause  for 335n  160 

penalty  for   336  161 

proceedings  subject  to  review  by  court 325n  109 

special,    classified    324  (5)  154 

issuance  of,  when 334  160 

validity    334  160 

state  college,  normal  diploma 43  31 

life   diploma    43  31 

state  life  certificates  and  life  diplomas,  accredited  how...  11(4)  16 

subjects  and  markings  of  examinations  written  on  face  of  320  152 

temporary,  classified   324  (4)  154 

granted  by  county  superintendent 157(15)  77 

issuance  of   333  160 

university  of  Washington,  normal  diploma 18(3)  20 

life    diploma 18(3)  20 


INDEX 


291 


CERTIFICATION — Contended  :  See.  Page 

Examinations  may  be  taken  piece-meal 316  151 

Institutions  accredited  for,  by  state  board 11(3)  15 

List  of  certified  teachers  kept  by  state  superintendent 5(11)        12 

Possession  of  certificate,  proof  of  eligibility 163n  80 

Renewal,  state  and  territorial,  valid  for 311  149 

School   year,   definition   for 90  50 

Teachers  must  hold  valid  certificates 225  109 

ibid 229  111 

failure  nullifies  contract 225n  109 

Teachers   in  normal   school  not  required  to  have 311n  149 

Territorial   life   diplomas   not   invalidated 311  149 

Validation  of  certificates  issued  prior  to  act 311  149 

CHARTS— (see   SUPPLIES). 

CHILDREN— (see  JUVENILE  COURT  LAW;  JUVENILES; 
PARENTAL  OR  TRUANT  SCHOOLS;  PUPILS). 

Compulsory   attendance   at   school 392  183 

Dependent  and  delinquent,  who  are 484  215 

wards  of  the  state 484  215 

Employment  of,  forbidden,  when 393  184 

Shall  not  be  detained  in  jail 494  224 

CHILD   LABOR,   forbidden,  when 393  184 

Attendance  officers,  duties 395  185 

Forbidden,   except    443  201 

Legal  age  of  employment 393n  184 

Penalty  for  violation 394  185 

Penalty  for  violation 444  202 

CIRCULATING  LIBRARY,   COUNTY— (see  LIBRARIES). 

CITIES  : 

Each  to  constitute  one  school  district 106  54 

Employing  more  than  one  hundred  teachers — (see  DISTRICTS). 

Extension  of  limits,  annexation  of  territory 117  59 

(See  also  DISTRICTS). 

Clerk  of,   to  furnish  registration  books,   when 352  168 

CITY  SUPERINTENDENT: 

Authority  over  teachers 15  260 

Certificates,  granting  of,  in  certain  districts 326ff  157 

fees  for,  credited  to  institute  fund 262,  313     123,  150 

member  of  board   of  examiners 326  157 

City   institute,   may  hold   when 259  122 

Clerk,  cannot  hold  office  of 223n  107 

Compulsory  attendance,  may  excuse  from 392  183 

failure  to  enforce,  penalty 401  188 

truancy  or  incorrigibility,  to  report 397  187 

Course  of  study,  to  prepare,   approval  of 268  126 

False  report  of  presence  of  pupils,  penalty 379  179 

First  class  districts,  election,  term,   salary  of 191(1)  92 

elected  by  roll  call 179  88 

assistant  city  superintendents  may  be  employed 191(7)  93 

Report  of 226  110 

Second  class  districts,  election  of,  powers  of 206  102 

Teachers  report   to 226  110 

Textbook  commission,   chairman  of 266  124 

Third  class  districts,  elected  when,  power  of 216  104 

report  required   from 217  104 

Women  may  serve  as 95  51 


292 


INDEX 


CLASSES  OF  SCHOOL  DISTRICTS— (see  DISTRICTS).  Sec.  Page 

CLERKS,   DISTRICT— (see   also   SECRETARY): 

Administrative  officer    2  9 

Boundaries  of  district,   descriptions,   how   secured 157(12)  76 

Claim  for  attendance  in  other  districts 247  119 

Compensation,   conditions  of 224  109 

Consolidated  district,  organization  of  board  in  to  be  reported.  128  64 

Contract,  teacher's  duplicate  of,  to  retain 163(1)  80 

County  treasurer  to  make  monthly  statement 239(5)  115 

Deaf  or  blind  youth,  report 75  42 

Defective   youth,   report 82%  46 

Duties  of,   enumerated 223  107 

accounts,    to    keep 223 (2)  107 

annual   report  to   county   superintendent 223(4)  107 

meetings  of  board,  to  attend 223(1)  107 

notices  of  elections  and  board  meetings,  to  give 223(6)  108 

record  of  proceedings,  to  keep 223(1)  107 

school  census,  manner  of  taking 223(3)  107 

supplies  purchased,  to  keep  account  of 223(5)  108 

teachers  employed,  to  report,  etc 223(7)  108 

warrants,  to  sign  and  report 223(8)  108 

Election  of,   in  consolidated  district 128  64 

Elections,  notices  of 339  162 

to  canvass  returns,  when 338  161 

Indebtedness,   report  payment  of 120  61 

of  consolidated  districts,  report 127  64 

Joint  district,  reports  of,  how  made 140  68 

shall    file    certificate 133  66 

Oath  of  office,   filing  of 172  86 

may   administer,   when 172  86 

Organization    of   board,   notice   of   change   in 222  106 

Purchasing  agent,  director  may  act  as,  if  clerk 169  85 

Records,  etc.,  must  be  delivered  to  successor 171  86 

failure,   penalty    373  177 

Reports  required  by  county  superintendent 158  78 

failure  to  make,  penalty 372  176 

required,    to   be   furnished 157n  74 

observance  of  compulsory  attendance  law 400  187 

penalty  for  failure  or  false  report 400  187 

School   census,   shall   take 223(3)  107 

copy  furnished  teacher 397  187 

School   law,    shall .  receive    copy   of 5(6)  11 

Second   class  district,   election   and   removal 200  99 

Service  on,  to  constitute  service  on  district 163n  80 

Signature  must  be  filed  with  county  auditor 17:>  86 

Special  meetings,  clerk  of,  duties 346  166 

Supplies,   purchase   of,   etc 223(5)  108 

itemized   bills    for 163n  80 

Superintendent  may  not  serve  as 223n  107 

Teachers'  registers,  to  examine 227  110 

Teachers'  reports,   copies  of,   to  receive 226  110 

Third  class  districts,  election  and  removal 212  103 

Tuition,  transfer  of  money  for . .  . 166  84 

Union  high  school  district,  notice  of  elections  for  forming.  .  .  142  69 

election  of 143  69 

powers   in    147  71 

notice   of   organization 144  70 

"Woman  may  serve  as 95  51 


INDEX 


COEDUCATION  :        >  Sec.  Page 

State  institution  for  feeble-minded 86^8  48 

State   normal    schools , 59  38 

State  training  school 69  41 

University   of  Washington 15  18 

COMMENCEMENT,  directors  may  not  pay  expenses  of 163n  80 

COMMON  SCHOOLS  : 

Adults  may  attend,  when 166  84 

Ages  of  pupils  admitted  to 88  49 

pupils   under    six   barred 163(6)  80 

pupils  who  are  six.  may  be  barred,  except > 163n  80 

Course  of  study  prepared  by  state  board 11(7)  17 

Defined 88  49 

by  supreme   court    In  9 

Directors  may  make  by-laws  for  government  of 167  84 

Disturbing  school,  penalty 378  178 

Free  from  sectarian  influence 96  52 

Kindergarten,  free,  in  connection  with 411  .  191 

Rules  for.  prescribed  by  state  board 11  (7)  17 

contained  in  state  manual 5(17)        13 

School  day  and  school  month 90  50 

Schools  included  in 1  9 

School    year    91  50 

Subjects   to   be   taught 89  49 

Taught  in  English  language 89  49 

COMMUNAL  ASSEMBLY  PLACE,  erection  of 461-2  207-8 

Board  of  supervisors  to  approve 462  208 

COMMUNITY  PURPOSES,  use  of  school  property  for 460  207 

Assembly  place  may  be  erected 461  207 

Board    of    supervisors 462  208 

Limitation  of  expenditures 463  208 

COMPULSORY  ATTENDANCE : 

Ages,  limits  of 392  183 

At  free  government  schools 479  213 

demand    for    480  214 

enforcement    481  214 

excuse   from    479  213 

fines,  disposition  of 483  215 

penalty    for   violation 482  215 

Attendance  at  school  required 392  183 

Attendance  officers,  appointment,  duties 395  185 

may  arrest  without  warrant 396  186 

Clerk  shall  report 400  188 

penalty   for   neglect,   etc 400  188 

Concurrent  jurisdiction    398  187 

County  attorney  to  prosecute 399  187 

County  superintendent  to  issue  notice 400  187 

Employment  of  children  forbidden,  when 393  184 

certificate    required 393  184 

Excused,   when    392  183 

Failure  of  officers  to  perform  duties,   penalty 401  188 

Fines,  disposition  of 402  188 

Home  is  not  private  school 392n  183 

Justice  of  peace  shall  bind  over 396  186 

Officers  not  liable  to  costs 403  188 

Truancy  to  be  reported .".(.>7  187 


294  INDEX 


CONDEMNATION  PROCEEDINGS— (see  SITES).  Sec.  Page 

CONSOLIDATED  DISTRICTS— (see  DISTRICTS). 

CONSTITUTION,  STATE,  state  manual  to  contain  outline  of..  5(17)  13 

CONTAGIOUS  DISEASES  : 

Infectious,  bar  to  obtaining  city  certificate 327  158 

Regulations   92  50 

CONTRACTS : 

Construction  of,  appeal  taken  to  courts 385  181 

Directors  may  not  make  with  themselves 169n  85 

may  not  have  pecuniary  interest  in 169  85 

Payment  on,  may  be  stopped,  when 169  85 

Required  in  first  class  districts  for  expenditures  over  $300...  189  91 

Teachers',   annulment,   recovery  on,   when 229n  111 

approval  of 157n  74 

failure  to  hold  certificate  nullifies  contract 225n  109 

breach   of,    appeal 384n  181 

COUNTY : 

County  school   district  defined 97  52 

Tax  must  be  levied,  limit 283  131 

school  census  to  be  basis  of 284  132 

COUNTY  BOARD  OP  EDUCATION  : 

Appointment,  members    240  117 

Compensation   and  expenses 241  117 

hotel  expenses    242n  117 

Grading  of  manuscripts 406  189 

Powers — 

course  of  study,  to  assist  in  preparation  of 242(3)  117 

eligibility     241  117 

grading  manuscripts  in  grammar  school  examinations....  242(1)  117 

may  adopt  rules  and  regulations  consistent  with 242(4)  117 

textbooks  for  districts  of  second  division,  adoption  of....  242(2)  117 

Term  of  office 240  117 

Vacancies,   how  filled 240  117 

COUNTY  ASSESSOR,  alteration  of  boundaries,  county  auditor  to 

certify   to    152  72 

COUNTY  AUDITOR  : 

Alteration  of  boundaries,   shall  certify  to 152  72 

Annual  report  to  county  superintendent 238%  113 

Audit   accounts   of  school   districts 234  112 

County  superintendent  to  file  evidence  of  eligibility 156  74 

salary  withheld,   when 157(11)  75 

County  treasurer  to  report  amount  for  apportionment 239(2)  114 

Joint  district,  transcript  of  boundaries 136  66 

Report  to  bureau  of  inspection,   when 238%n  113 

Shall  correct  boundaries,   when 194n  96 

Signature  of  directors  and  clerks,  filed  with 173  86 

Tax  levy  for  current  state  school  fund 282  131 

Teachers,  list  of  to  be  reported  by  county  superintendent 157(10)  75 

Union  high  school  district,  notice  of 144  70 

Warrants,  shall  countersign  and  register 235  113 

registration  of    238%  113 

shall   not  register,   when 236-238  113 


INDEX 


295 


COUNTY  CIRCULATING  LIBRARY— (see  LIBRARIES).  Sec.  Page 

COUNTY  COMMISSIONERS  : 

Alteration  of  district  boundaries,  adjustment  of  property,  etc.  115  58 

levies  to  be  made 116  59 

Appeals    taken    to 385  181 

heard  de  novo    388  182 

Bonds,  tax  levy  for  interest  and  sinking  fund 294  138 

joint  district,  levy  for  bonds  on 295  140 

tax   levy   mandatory 294n  139 

Circulating  library,   bills   of 275  128 

tax  levy  for   274  128 

County  school  tax  levy,  made  by 283  131 

County    superintendent,    bond    of 154  73 

clerical  assistance  of 154  73 

forfeit  from  salary,  when 368  174 

report  of  fines  collected 369  175 

salary  withheld,   when 157(11)  75 

shall  provide  office  and  supplies  for 160  79 

shall  report  state  of  accounts  of  first  class  districts 189  91 

vacancies,  how  filled 154  73 

Deaf  and  blind  youth,  report  of 76  43 

expenses,  when  borne  by  county 78  43 

Directors'   meetings,   expenses   of 157(17)  77 

Districts- 
consolidated,  tax  levy  to  pay  indebtedness 127  64 

correction   of  boundaries 157(12)  76 

extension  of  city  limits,  adjustment  of  property,  etc 119  60 

first  class,  levy  for  permanent  fire  insurance  fund 458  206 

joint  districts,  tax  levies  to  pay  indebtedness 139  68 

new,  apportionment  of  funds  to Ill  56 

adjustment   of   property,    etc 112  57 

levies  to  be  made  for 113  58 

Estimate  of  expenditures,  first  class  districts 194  96 

second  class  districts 203  10C 

third   class   districts 219  105 

Feeble-minded,  application  to  admit 80%  (5)     45 

expenses,  when  borne  by  county 83%  46 

report  of 82%  46 

Special  tax  levy  in  certain  case 382  180 

Tax  levies  cannot  exceed  one  per  cent.,  except 195n  97 

for  county  circulating  library,  limit 274  128 

in  first   class  districts 194  96 

in  second  class  districts 203  100 

in  third  class  districts 219  105 

Validation  of  unextinguished  indebtedness,  levy  for 310  147 

Visitors,  ex-officio,  of  state  college 26  24 

COUNTY  SUPERINTENDENT: 

Administrative  officer   2  9 

Annual  convention  of 5(8)  11 

expenses,  to  receive 5(8)  11 

Annual  report  to  state  superintendent 157(11)  75 

penalty  for  failure 368  174 

required  before  salary  can  be  paid,  when 157(11)  75 

Appeals  taken  to 385  181 

Appointment  of  directors   to   fill   vacancies,   second   class   dis- 
tricts       198  98 

third   class   districts 210  103 


296  INDEX 


COUNTY  SUPERINTENDENT— Continued  :  Sec.  Page 

Apportionment,   power  and  duty   concerning 157(14)        76 

county   funds,    manner   of 285  132 

county  treasurer  to  report  amount  for 239(2)        114 

shall  make  to  districts,  when 253  120 

when  teacher  is  not  legally  qualified 381  179 

withheld  from  district,  when 255  121 

Bond    required    of 154  73 

Boundaries,  modified  and  corrected,  how 157(12)        76 

change  of.  in  petitions 108n  55 

Certificates,  fees  for,  credited  to  institute  fund 313  150 

ibid     262  123 

registration  of    321  152 

county  superintendent  may  refuse  to  register 315  151 

special,    granting   of 334  160 

temporary,    granting   of 333  160 

Circulating   library,    may    establish 273  128 

bills   of,    to   certify 275  128 

books    purchased   by 278  129 

indebtedness,   may  not  contract 276  128 

Clerical    assistance,    allowed    when 154  73 

Clerks    furnished    with    certificates 224  109 

Compulsory  attendance,  may  excuse  from 392  183 

failure   to   enforce,   penalty 401  188 

notice    concerning    400  187 

report   from   clerk 400  187 

Contracts,  to  approve  teachers' 157n  74 

to    register    321  152 

restrictions     315  151 

County  board  of  education 240-2  117 

appointment   of    240  117 

ex-officio    chairman    240  117 

Deaf  or  blind  youth,  report  of 76  43 

atendance  at  state   school 77  43 

Deputy,    appointment,    qualifications,    duties 154  73 

Directory  of  officers,  furnish  to  county  treasurer 158  78 

Districts — 

alteration    of    boundaries,    petition,    notices,    hearing 114  58 

adjustment  of  property,  etc 115  58 

boundaries   may   be  corrected,   how 157(12)        76 

consolidated  district,   establishment  of 121  61 

designation  of,  reported 125  63 

report  when  not  entitled  to  bonus 123  62 

disorganization  of,  causes  for,  procedure 151  72 

extension  of  city  limits 117  59 

adjustment  of  property,  etc 118  60 

hearing  for  adjustment  of  property,  etc 119  60 

first  class,  shall  examine  records  and  accounts  in 189  91 

joint,  establishment  of 129  64 

adjustment   of   property,    etc 138  67 

boundaries,  transfers,  maps  certified  and  filed 136  66 

certificate  and  oath,  filing  of 133  66 

vacancies,  how  filled 134  66 

directors,    appointment   of 132  65 

notices   and   hearing 131  65 

petition    for    130  65 

reports,    to    whom    made 140  68 

transfers  of  territory,  how  made 135  66 


INDEX 


297 


COUNTY  SUPERINTENDENT— Continued:  Sec.  Page 

Districts — 

new,    petition    for 108  55 

adjustment  of  property,  etc 112  57 

apportionment   of   funds   between    districts Ill  56 

directors,     appointment    of 157(13)  76 

old  officers  serve,   when      157(13)  76 

notices,  hearing,  establishment 109  55 

second  class  districts,  oath  of  directors  filed  with 199  99 

vacancies  in  board,  when  declared,  how  filled 198  98 

size,  requirements  as  to 154  74 

third  class,  apparatus  and  supplies,  purchase  approved  by.  214  104 

directors,  oath  of  office  filed  with 211  103 

vacancies,  when  declared,  how  filled 210  103 

plans  for  building,   county  superintendent  to  approve.  175  87 

union  high  school,  formation  of,   initial  procedure 141  68 

appeals  from  action  of  county  superintendent 149  71 

designation  and  notice   of 142  69 

in  case  of  withdrawal  from  district 150  72 

organization   of,   notice   to   county   superintendent 144  70 

Election  of    154  73 

Elections,  school  district,  poll  sheets  filed 343  165 

certificate  of,  from  first  class  districts 353  169 

may  not  set  aside 344n  165 

Eligibility  to  hold  office 155  74 

certificate,  conditions  regarding 157n  74 

shall  file  evidence 156  74 

Estimate  of  expenditure  in  second  class  districts,  when  to  make  203  100 

in  third  class  districts,  when  to  make 219  105 

Expenses,  traveling,  to  be  paid 161  79 

Failure  to  deliver  books  to  successor,  penalty 373  177 

to   report   to   state   superintendent,    penalty 368  174 

Feeble-minded,  application  to  enter  state  institution 80%  (5)      45 

county  superintendent  to  approve 82,  86         45,  48 

to  enforce  attendance 83  46 

to  make  annual  report  of ' 82%  46 

Fines,    supervise   payment   of.   a   special    duty 369  175 

Grammar   school   examinations,   appointment   of   assistant 

examiners    405  189 

report  results  to  state  superintendent 407  190 

Institutes,   teachers',  arranged  when  and  how 256  122 

estimate  of  expenses,  to  make 263  123 

report    of    264  124 

fund,    fees    paid    into 262,  313     123,  150 

joint,   arrangements  for 257  122 

power    to   hold 157(16)  77 

time  of,  fixed  by  county  superintendent '260  123 

Judge  of  printing  and  circulars  required 160  79 

Moneys  from  sale  of  certain  books,  disposition  of 157(19)  77 

Oath  of  office 154  73 

Office,  when  open 159  79 

notice  on  door  of 159  79 

where  kept    160  79 

Plans  of  buildings,  to  approve  when 175  87 

Powers  and  duties  enumerated 157  74 

administer  oaths,   when 157(9)  75 

annual  report  to  state  superintendent 157(11)  75 


298  INDEX 


COUNTY   SUPERINTENDENT— Continued  :  Sec.  Page 
Powers  and  duties — 

appoint    officers,    when 157(13)  76 

apportion    school    funds 157(14)  76 

books,  documents,  records,  to  turn  over  to  successor 157(8)  75 

directors'    meetings,    to    hold 157(17)  77 

distribute  reports,  laws,  etc 157(3)  74 

enforce  course  of  study 157(4)  75 

enforce  law  governing  erection  of  buildings,  when 157(20)  77 

enforce   rules   in   examinations 157(4)  75 

examinations  of  teachers,  to  conduct 157(15)  77 

execute   instructions   of   state    superintendent 157(3)  74 

furnish  registers  and  clerks'  record  books 157(19)  77 

institutes  or  meetings,  to  hold  teachers' 157(16)  77 

prepare  course  of  study  for  third  class  districts,  when....  157(5)  75 

records  of  official  acts,  how  to  keep 157(7)  75 

of  district  boundaries 157(12)  76 

to  be  turned  over  to  successor 157(8)  75 

reports  of  state  and  county  superintendents,  to  keep 157(6)  75 

of  school  officers  and  teachers,  to  preserve 157(8)  75 

supervise  schools  and  enforce  laws 157(1)  74 

suspend  teachers,  when 157  (18)  77 

teachers'  contracts,  to  record 157(10)  75 

temporary  certificates,  to  grant 157(15)  77 

visit   schools,    etc 157  (2)  74 

Reports,   required,   to  be  furnished 157n  74 

blind  or  deaf  youth 76  43 

defective   youth,   feeble-minded 82y2  46 

shall  require   158  78 

Salary    withheld,    when 157(11)  75 

School  census,  shall  certify  to  county  auditor 284  132 

State  superintendent  to  decide  points  of  law  for 5(14)  12 

Supplies,   how  paid      160  79 

Teaching  of  hygiene  and   effects   of  alcohol 370  175 

failure  to  enforce,  penalty 371  176 

Teachers'  examinations,  when  and  how  held 322  153 

notice  of 157(15)  77 

papers  and  reports  of,  to  transmit 323  153 

Teachers  must  report  to,  except 226  110 

registers,    to   supervise 158  78 

Term    of   office 154  73 

Textbooks,  may  handle,  when 270  127 

Vacancies,   how  filled 154  73 

Woman  may  serve  as 95  51 

COUNTY  TREASURER : 

Annual   report    239 (3)  115 

Bonds,  school  district,  advertisement  for  bids  on 290  136 

delivery   of    291  137 

incidental   expenses,   how   paid 301  142 

interest  must  be  paid 296  140 

issued  for  validation  of  indebtedness     307  146 

joint  districts,  receipts  credited  to 295  140 

not  entitled  to  commission 239n  114 

notice  to  holders  of  bonds 300,  302      141-2 

purchase  of 294  138 

redemption   of    302  142 

registration    of     290  136 

sinking  fund,   custodian   of 294  138 


INDEX 


299 


COUNTY  TREASURER — Continued  :  Sec.  Page 

Clerk  to  report  warrants  drawn 223(8)  108 

Current  state  school  fund,  receipts  for,  to  report 282  131 

fines,  etc.,  transferred  to  credit  of 287  133 

Directory  of  school  district  officers,  furnished  with 158  78 

Districts,  joint,  officers  of,  to  file  signature 133  66 

funds  to  be  transferred  quarterly 137  67 

transcript   of   boundaries   of 136  66 

new,  transfer  of  funds  to Ill  56 

union  high  school  district,  notice  of 144  70 

Duties   of,   enumerated 239  114 

annual     report 239(3)  115<. 

apportionment,   to   certify  amount  for 239(2)  114 

cancelled   warrants,    report   of 239(6)  116 

ex-officio   treasurer   of   school   districts 239  114 

forged  warrant,  not  liable  for,  when. 173n  86 

moneys,  receive,  hold  and  pay  out 239(1)  114 

monthly  reports  to  school  districts 239(5)  115 

register    warrants 239  (4)  115 

remit    moneys     239 (7)  116 

Examination  fees,  how  credited 262  123 

Moneys   received  from  county  superintendent,   remittance....  157(19)  77 

Monthly  statement  to  each   district 239(5-6)  115 

Permanent  insurance  fund,   may  invest 459  206 

Shall  pay  office  expenses  of  county  superintendent 160  79 

Tuition,    transfer   of   by   district   officers 166  84 

Warrants,    cancelled,    statement   of 239(6)  116 

interest    on,    etc 239(4)  115 

when    liable    for 239n  114 

refusal  of  payment  of,  when 239n  114 

registration    of    238y2  113 

book  for 239(4)  115 

shall  refuse  to  pay  on  notice,  when 370  175 

to  fix  rate  of  interest  on 450  204 

COURSES  OF  STUDY : 

County  board  of  education,  preparation  by 242(3)  117 

County  superintendent  to  enforce 157(4)  75 

shall   prepare   Course   for  third   class  districts 157(5)  75 

Directors    to    enforce    163(2)  80 

Failure  to  enforce,  penalty 374  177 

For  primary,  grammar  and  high  schools,  State  Board  to  pre- 
pare            11(7)  17 

In   districts   of   first   division 268  126 

of    second    division 269  126 

In  first  class  districts,  board  may  prescribe,  consistent  with.  191(2)  92 

In  state  training  school 69  41 

In  union  high   schools 146  70 

Pupils  in  common  schools  shall  pursue 93  51 

State  manual  to  contain 5(17)  13 

State  superintendent  shall  print  and  distribute 5(3)  11 

Subjects  taught  in   common   schools  enumerated 89  49 

Teacher  to  enforce 228  111 

CURRENT  STATE  SCHOOL  FUND— (see  REVENUES,  School). 

DANCING,  not  authorized  in  school  room 163n  80 

DEAF— (see  STATE  SCHOOL  FOR  BLIND  and  STATE  SCHOOL 
FOR  DEAF).  . 

DEBTS— (see  INDEBTEDNESS). 


300  INDEX 


DEFECTIVE    YOUTH— (see    SCHOOLS    FOR    DEFECTIVE  Sec.  Page 

YOUTH),    clerk   to   list   separately 223(3)  107 

DEPUTY  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

Appointed    by    state    superintendent 6  13 

Certificate  to  be  held  by 6  13 

Inspector    of    schools 6  13 

Secretary  of  state  board  of  education 9  14 

DIRECTORS,   BOARD   OF: 

Administrative    officers     2  9 

Adults,    attendance    of,    when 166  84 

Annual  income,  indebtedness  in  excess  of,  forbidden 170  85 

Bonds,  may  issue,  when 288  133 

sale    of    291  137 

By-laws,    may    make 167  84 

Clerk's  compensation,  to  fix,  conditions 224  109 

Compensation  forbidden,  except   169  85 

Consolidated  districts,  board  in 122,  124  62 

board   in    128  64 

County  superintendent  to  hold   meetings  of 157(17)  77 

Election  of,  at  annual  elections 162  79 

Eligibility  to  hold  office  of 162  79 

Fire  drills,  publication  of  law  regarding 441  201 

Flag,  United  States,  shall   procure  and  display 164  83 

High  school,  not  required  when 163n  80 

Indebtedness  contracted  may  not  exceed  annual  income 170  85 

Joint  districts,  reports,  to  whom  made 140  68 

appointment  of  board  in 132  65 

vacancies,    how    filled 134  66 

Land,  may  condemn  for  site 174  86 

Levies  for  indebtedness  in  old  districts 120  61 

Liability  for  failure  to  take  contractor's  bond , 578  255 

for  loss  to  district,  when 373  177 

Oath  of  office,  filing  of 172  86 

Oaths,  may  administer,  when 172  86 

Officers,  failure  to  deliver  books  to  successors,  penalty 373  177 

Pecuniary  interest  forbidden   169  85 

contracts   with   themselves   forbidden 169n  85 

Plans  for  building,  approved  by  county  superintendent,  when.  175  87 

Powers  and  duties  of,  enumerated 163  80 

commencement,  may  not  pay  expenses  of 163n  80 

contracts  with  teachers  must  be  made,  how 163(1)  80 

employ   janitors,   laborers,    mechanics 163(3)  80 

director  may  not  be  employed  as 163n  80 

may  not  employ  minor  children  of  director 163n  80 

teacher  may  act  as,  compensation 163n  80 

employment   of   relatives ,  163n  80 

enforce  rules  and  course  of  study  prescribed 163(2)  80 

exclude  immoral  and  pernicious  literature 163(9)  81 

exclude  pupils  under  six  years  of  age 163(6)  80 

children  of  six,  except  at  commencement  of  term 163n  80 

pupils,  may  suspend  or  expel,  when 163(6)  80 

purchase  of  supplies  from  instructor 163n  80 

from  director   163n  80 

purchase  personal  property  and  receive  real  property 163(5)  80 

require  pupils  to  be  furnished  with  books 163(8)  81 

schoolhouses,   may  rent,   repair  and  insure 163(3)  80 

to  be  heated,  etc.,  and  premises  kept  sanitary 163(4)  80 


INDEX 


301 


DIRECTORS,  BOARDS  OF — Continued  :  Sec.          Page 
Powers  and  duties — ■ 

school   room,    use   of 163(10)  81 

may  not  be  used  for  dancing. 163n  80 

teachers,   may  employ  or  discharge,  etc 163(1)  80 

contract   made   with 163  ( 1 )  80 

elected  at  regular  or  special  meeting 229  111 

regularity    of    meeting 163n  80 

hiring  presumes   adjourned   meeting 163n  80 

relationship  no  bar 163n  80 

salaries,   may  fix      163(1)  80 

textbooks  and  supplies,  when  provided 163(7)  80 

transportation  of  children,   may  provide 163(11)  81 

cannot   build   bridge 163n  80 

cannot   discriminate    163n  80 

cannot  transport  to  or  from  another  district 163n  80 

Property,   powers  over 105  53 

conveyances  of  property,  how  made 168  84 

shall  have  custody  of 168,  84 

Records,  etc.,  must  be  delivered  to  successors 171  86 

Reports  required  by  county  superintendent 158  78 

Right  of  way,  to  convey 345n  166 

School  day,  length  of,  may  be  fixed 90  50 

School  law,  shall  receive  copies  of 5(6)  11 

School  may  not  be  maintained,  when. : 163n  80 

Secret  societies,   may  make  rules  against 93n  51 

Signatures  must  be  filed  with  county  auditor 173  86 

Site— (see  SITES). 

Special    meeting,    called    when 345  166 

must  carry  out  instructions  of 347  167 

Teachers,  contracts  must  be  drawn  with 229  111 

salary  withheld,  when 374  177 

warrants   not   paid,   when 226-7  110 

Textbooks,  cannot  purchase  and  sell  to  pupils 269n  126 

Traveling  expenses  not  allowed 163n  80 

Tuition,    may    charge,    when 166  84 

Tuition,   transfer   of  money   for 166  84 

Union  high  school  district,  petition  to  form 141  68 

board    constituted,   how    143  69 

grades  taught  and  course  of  study 146  70 

powers     147  71 

Vacancy   to   be   declared,   when 344  165 

Validation   of   indebtedness,   procedure 304ff  144 

Women  may  serve  on 95  51 

First  Class — 

Absence  from  meetings,   to   vacate   office 188  91 

Auditing    committee    189  91 

Bids,  shall   advertise  for,   when 190  91 

readvertisement  not  required,   when .  190n  91 

Buildings,    erection   of,    limitation 194  96 

County   superintendent  to   examine   records   and   accounts.  .  .  .  189  91 

Defective  youth,  schools  for,  may  establish 191(4)  92 

Election  of    176  87 

Elections    348ff  167 

registration  for    354ff  169 

regular,    when   held    177  88 

duties    concerning    348,  353     167,  169 

voting  precincts,   to  provide    360  171 


302  INDEX 


DIRECTORS,  BOARDS  OF — Continued:  Sec.  Page 

First  Class — 

Elections  of  officers,  etc.,  to  be  by  roll  call 179  88 

Estimate  of  expenditures,    shall    make 194  96 

contents   of  statement    435  199 

penalty  for  violation    438  200 

public  hearing    437  200 

publication    of     436  199 

time   of    435  199 

Industrial   schools,   may   establish 191  (4)  92 

Insurance  fund,  may  create    457-8  206 

Kindergartens,   may  establish    191  (4)  92 

free,   power  to  establish    411  191 

Meetings,   regular   and   special    184  90 

may  compel  attendance  of  members. 188  91 

shall  be  public,   except    184  90 

Moneys  paid  out,  how 186  90 

Night  schools,   may  establish    191  (4)  92 

Number   of   members    176  87 

Oath  of  office,   filing  of    178  88 

Office  of    185  90 

Organization     178  88 

Parental    schools,    establishment 527-8  236 

superintendent    employed     529  236 

rules   for 534  238 

President,  election  of 178  88 

duties  of   180  89 

signing    of    bonds 289,  307     134,  146 

signing  of  warrants    186  90 

Powers,   adopt  and  enforce  rules  and  regulations 191(4)  92 

architects,  attorneys  etc.,  may  employ 191(6)  93 

bond  of  employes,   may  require 191(12)  94 

by-laws,  may  make   191(3)  92 

city    superintendent,    may    employ 191(1)  92 

employ    assistant    city    superintendents 191  (7)  93 

course  of  study,  may  prescribe   191  (2)  92 

establish  night,  high,  kindergarten,  industrial  schools,  etc.  191(4)  92 

fix  length  of  term  and  time  for  dismissal 191(5)  93 

maintain  shop   and  repair  department 191(9)  93 

medical   inspector,    appoint    191  (14)  94 

prohibit    secret    fraternities     191  ( 13)  94 

summer  school,   may  not  conduct 191n  92 

supervisors,    may    employ    191(8)  93 

teachers  and  janitors,  may  employ 191(5)  93 

textbooks,  free,   and  supplies,  may  provide,   when 191(10)  93 

vaccination,  may  require  or  provide  for 191(11)  93 

Property,  may  sell,  when 193  95 

Quorum    188  91 

Records   open   to   inspection 185  90 

Registration    of    voters 356  170 

Repair   department    189  91 

School  census,  shall  cause  to  be  taken 192  94 

Secretary,    election    of 178  88 

Sites,  purchase  of,  limitation 194  96 

Tax  levy,  how  made   194  96 

Term    of    office     178  88 

Vacancies,    how    filled 187  90 

Validation  of  and  payment  of  indebtedness  of  district  merged 

with    first    class    district 310  147 


INDEX 


DIRECTORS,  BOARDS  OF — Continued:  Sec.  Page 
First  Class — 

Vice-president,   duties  of    181  89 

Voting   precincts    provided    360  171 

Warrants,   issuance  of    186  90 

When  second  or  third  class  district  becomes  first  class  district  176  87 

validation   of   outstanding   indebtedness 310  147 

Second  Class — 

Clerk,   election   and   removal 200  99 

Communal   assembly   place,   may   erect 461  207 

Election     196,  197  98 

Estimate  of  expenditures,  shall  make   203  100 

contents  of  statement   435  199 

failure  to  make   203  100 

penalty  for  violation    438  200 

public  hearing    437  200 

publication    of 436  199 

time   of    435  199 

Kindergartens,  power  to  establish 411  191 

Meetings,    regular   and   special 201  99 

Minimum  term  six  months    207  102 

Number    196  98 

Oath  of  office   199  99 

Organization    200  99 

change  in,  clerk  to  notify 222  106 

School  houses,  construction  or  removal,  vote  necessary 204  101 

Sites,  purchase  or  change  of,  vote  necessary 204  101 

Superintendent  or  principal,  election  of 206  102 

Supplies  and  apparatus,  to  provide 202  100 

Tax  levy,  how  made   203  100 

Teachers'  cottages,  may  erect 460  207 

Teachers,  when  to  be  employed 205  101 

Term   of  office    196  98 

Vacancies,  when  declared,  how  filled 198  98 

county   superintendent   to   fill 157(13)        76 

how  caused   157(13)        76 

Wider  use  of  school  property  for  community  purposes 460  207 

Third  Class — 

Clerk,  election  and  removal   212  103 

Communal   assembly  place,   may  erect 461  207 

Election  of    208  102 

Elections,    regular,   when   held 209  102 

Estimate  of  expenditures,  shall  make 219  105 

failure  to  make   219  105 

Grades  established,  how   215  104 

Meetings,   regular  and  special    213  103 

Number    208  102 

Oath  of  office,  etc 211  103 

Organization  of  board 212  103 

change  in,  clerk  to  notify   222  106 

Plans  for  building,  approval  required 221  106 

apportionment   withheld,    when 255  121 

Principal,  chosen  when,  power 215  104 

School  houses  and  sites,  vote  on  required 220  106 

Superintendent  elected,  when,   power 216  104 

Supplies  and  apparatus,  etc.,  to  furnish 214  104 

Tax   levy,    how   made 219  105 

Teachers'  cottages,  may  erect 460  207 


304  INDEX 


DIRECTORS,  BOARDS  OF — Continued:  Sec.  Page 
Third  Class — 

Teachers,  elected  when 218  105 

Term   of   office 208  102 

Vacancies,  how  filled 157  (13)        76 

when  declared,   how  filled    210  103 

Wider  use  of  school  property  for  community  purposes 460  207 

DISTRICT    OFFICERS— (see    DIRECTORS,    BOARD    OF;    also 
CLERKS,  SCHOOL  DISTRICT). 

DISTRICTS : 

Alteration  of  boundaries,  requisites  of  petition 114  58 

adjustment  of  property,   etc 115  58 

county  auditor  to  certify  action  involving 152  72 

tax  levies  to  pay  indebtedness 116  59 

Annexation  to  city  district  by  extension  of  limits 117  59 

Are  municipal  corporations   104n  53 

Attendance  of   children   in  other 166  84 

Attorney  for 456  205 

Bonds  issued,  not  to  affect,  when 106  54 

Boundaries  may  be  corrected,  how    157(12)        76 

Cities,   incorporated,  each  to  constitute  one 106  54 

boundaries,   extension   or  change,   effect 106  54 

employing    more    than    one    hundred    teachers,    may    hold 

teachers'  institute 259  122 

certification,    powers   of 326  157 

extension   of  limits   of 117  59 

Classification 98,  99,  100  52 

Consolidated  districts,   defined    101  53 

appeal    halts   formation   of 121n  61 

apportionment,  to  what  entitled 126  63 

bond  issue,  when  invalid 127n  64 

bonus,  when  not  entitled  to 123  62 

city  districts,  directors  when  consolidated 124  62 

clerk,    election    of 128  64 

corporate  existence  of  component  districts,  retained,  when  127  64 

designation  of,  number  and  boundaries  of 125  63 

directors,     board     constituted,     how 122,  124  62 

organization  of  board   128  64 

establishment     121  61 

petition,  requisites  for    . 121  61 

property  of  former  districts  belongs  to 126  63 

territory  may  not  lie  in  two  counties. 121n  61 

Corporate  powers 105  53 

County  auditor  to  audit  accounts 234  112 

County  district  defined 97  52 

Debts,   liability  for 165  84 

Designation 104  53 

Disorganization,   causes  for    151  72 

how  effected   151  72 

Divisions,    classification   by    265  124 

Eminent  domain,  applies  to  land  of 445  202 

assessment  of  benefits  and  payment 446  203 

Extension   of   city  limits    117  59 

adjustment   of    property,    etc 118  60 

hearing,  procedure 119  60 

corporate  existence  of  old  districts  continued,  when 120  61 


INDEX 


DISTRICTS— Continued:  gfec.  Page 

First  class —    " 

county   treasurer   may   invest  fund 459  206 

definition  of    98  52 

minimum   term  to  be  eight   months 191(5)          93 

permanent  fire  insurance  fund 457  206 

power   to    create    457  206 

tax  levy  for    458  206 

registration  of  voters  living  outside  city  limits 354-366      169-174 

tax  levy,  maximum  in  one  year 195  97 

Four  sections  minimum  size,  except 153  73 

Head  of  family  defined    108n  55 

Joint  districts — 

adjustment  of  property,   etc 138  67 

appeal   may  not  be  taken 389n  182 

apportionment,  how  made   137  67 

bonds,    issuance  by    293  138 

registration  of   290  136 

boundaries,  transcript  kept  and  certified 136  66 

county  superintendents  have  exclusive  jurisdiction 138n  67 

defined    102  53 

directors,  appointment  till  election 132  65 

certificate  of  election  and  oath,  filing  of 133  66 

vacancies,    how   filled    134  66 

formation   and   designation    129  64 

funds,    transfer    of    137  67 

map,   contents  and  filing 136  66 

notices  and  hearing    131  65 

petition  for    130  65 

reports,   to  whom  made 140  68 

tax  levies  to  pay  indebtedness   139  68 

transfers  of   territory,   effected   how 135  66 

certified,  how    136  66 

Judgments  for  debts,  liability  for 165  84 

New  districts — 

adjustment  of  property,   etc 112  57 

appeal  to  county  commissioners 112  57 

appeal,  when  disallowed 109n  55 

apportionment  of  funds  between  old  district  and  new....  Ill  56 

boundaries,  modified  and  corrected,  how 108n  55 

conditions  to  be  performed  by 110  56 

directors,  election  of,  at  first  annual  election 208  102 

old  officers  serve,  when 157(13)        76 

entitled  to  apportionment,   when 382  180 

failure  to  form,   appeal 385n  181 

funds,  basis  of  division  of llln  56 

minimum   size  of    153  73 

notices,  hearing,  establishment   109  55 

one  month  of  school  required  for  share  in  funds 110  56 

petition  for,  requisites 108  55 

tax  levies  to  be  made 113  58 

■Officers,   penalty  for  failure  to  perform,  when 401  188 

Property,    power   of  board  over 105  53 

conveyances  and  custody  of,  title  to 168  84 

held  under  contract,  taxation  of 477  212 

Powers  of   105  53 

-'School   Districts"  definod 104  53 


306  INDEX 


DISTRICTS — Continued  :  Sec.  Page 

School  lands,  purchased  for  sites 107  54 

School  term,  minimum  length  of 94  51 

Second  class — 

definition  of   99  52 

directors,    vacancies,   how   filled 157(13)       76 

Service  of  process,  how 163n  80 

Sites  purchased  of  school  lands 107  54 

taking  private  property  for,  authority  for 415  192 

petition  to  court 416  193 

proceedings     417ff  193 

Size,    minimum,    what   is 153  73 

Textbooks,  failure  to  use  adopted,  penalty 381  179 

Third  class — 

county  auditor,   powers  of 233-238  y2  112-4 

county  superintendent  to  approve  plans,  power 157(20)        77 

to  outline   course  for 157(5)  75 

definition  of    100  52 

directors,    vacancies,    how    filled 157(13)        76 

Union  high  school — 

appeals  from  action  of  county  superintendent 149  71 

apportionment,  how  made   148  71 

clerk,  election  of 143  69 

course  of  study    146  70 

defined 103  53 

directors,  board  constituted,  how 143  69 

not  reorganized  by  enlargement  of  district 145  70 

districts   must   be    contiguous 103  53 

cannot  lie  in  two  counties 141n  68 

enlargement,  how  made   145  70 

formation  of,  initial  procedure 141  68 

elections  to  determine 142  69 

grades  taught,  not  below  seventh 146  70 

organization   of  district 144  70 

withdrawals  from,   how 150  72 

adjustment  of  liabilities  and  assets 150  72 

Warrants,  issuance  to  teacher  not  legally  qualified,  penalty..  381  179 

DISTURBING   SCHOOL   MEETING,   penalty 378  178 

ELIGIBILITY  : 

Of  assistant  superintendent  of  public  instruction 6  13 

Of  county  superintendent 155  74 

certificate,    conditions    regarding 157n  74 

evidence  of,  to  be  filed 156  74 

Of  deputy  superintendent  of  public  instruction 6  13 

Of  members    of   county   board   of   education 241  117 

Of  members  of  state  board  of  education 7  14 

Of  officers  of  elections  in  first  class  districts 350  168 

Of  school    district    directors 162  79 

Of  superintendent  of  state  school  for  blind  and  state  school 

for    deaf    74  42 

Of  teachers,   questions  of  relationship 163n  80 

Of  voters   at   elections 342  163 

in  first  class  districts   351  168. 

Women  eligible  to  hold  offices 95  51 


INDEX 


307 


ELECTIONS:         ^  See.  Page 

Annual,  in  first~class  districts 177  88 

in    new    districts 208  102 

in   second   class  districts 197  98 

in  third  class  districts   209  102 

Bond   elections,   how   held,   etc 289  134 

Clerk  to  give  notice  of 223  (6)        108 

to  present  record  book  for  inspection  at 223(2)        107 

First  Class  Districts — 

ballots,  form- 349  168 

candidates   file    petitions    349  168 

canvass  of  returns    353  169 

certificate   of  elections    353  169 

challenges,  how  taken 365  173 

for  erection  of  buildings  and  purchase  of  sites,  when 194  96 

notices  of,   contents    348  167 

publication  and  posting   348  167 

of  directors   176  87 

to  fill  vacancies,  ballot  of 176  87 

ibid     187  90 

officers   of,    qualifications 350  168 

polls,   opening  and   closing    349  168 

qualifications  of  voters   351  168 

those   living  outside  city  limits 354  169 

registration,  books  furnished  by  city  clerk 352  168 

books    delivered   to    clerks 366  174 

law   applies  to    351  168 

of  voters   living  outside   city   limits 354-366      169-174 

regular 177  88 

required  for  free  textbooks  in 191  (10)       93 

sale  of  property,  when  submitted 193  95 

tax  levy  in  excess  of  one  per  cent.,  authorization  of 195  97 

voting  places    350  168 

voting  precincts  provided 360  171 

when  held   348  167 

General — 

annual,  when  and  where  held 338  161 

ballot,  form  and  reception  of 341  163 

not  to  invalidate  bond  election 341n  163 

counting    of    343  164 

board,  organization  of 340  163 

canvass  of  returns 338  161 

certificate  of  election,   issuance  and  filing 344  165 

challenges,  how  taken 342  163 

clerk  of   340  163 

illegal  voting,  how  punished   342  163 

judges  of 340  163 

oath,   duties    340  163 

notices  of,  posting 339  162 

poll-sheets,  sent  to  county  superintendent 343  164 

polls,  open  when   339  162 

closing,  proclamation  of 343  164 

error  does  not  invalidate,   when 339n  162 

opening,  proclamation  of   340  163 

qualifications   of  voters    342  163 

registration  not  required,  except 342  163 


308  INDEX 


ELECTIONS — Continued  :  Sec.  Page 
General — 

tie,   how   decided    344  165 

failure  to  decide    344  165 

Indebtedness  in  excess  of  income  must  be  authorized  by 170  85 

Second  Class — 

regular 197  98 

selection  of  sites  and  building  of  school  houses 204  101 

tax  levy  in  excess  of  one  per  cent.,  authorization  of 203  100 

Special — 

called  and  conducted,  how 338  161 

clerk  to  give  notice  of 223(6)  108 

tax  levy  over  one  per  cent,  in  second  class  districts,  vote  203  100 

in  third  class  districts 219  105 

union  high  school  district,  withdrawal  from 150  72 

Third  Class  Districts — 

regular 209  102 

school  houses  and  sites,  questions  of,  vote 220  106 

tax  levy  in  excess  of  one  per  cent.,  authorization  of 219  105 

Union  high  school  district — 

formation    of 142  69 

withdrawal  from    150  72 

Validation  of  indebtedness 306  145 

EMINENT  DOMAIN  : 

Applies   to   school    district   lands 445  202 

Assessment  and  payment  of  benefits 446  203 

Condemnation  proceedings — (see  SITES) 

Directors  may  use  right  of 174n  87 

ESTIMATES  OF  EXPENSES  : 

Hearing   437  200 

Penalty  for  violation    438  200 

Publication 436  199 

Required 435  199 

ENGLISH  LANGUAGE  : 

Common  schools,  must  be  taught  in 89  49 

Directors  must  be  able  to  read  and  write 162  79 

EXAMINATIONS,  GRAMMAR  SCHOOL: 

Assistant  examiners,   appointment    405  189 

Certificate  to  admit  holder  to  high  school 404  189 

Disclosing  questions,  penalty 367  174 

Manuscripts,   graded,  how 405  189 

transmitted  to  county  superintendent   405  189 

Questions  and  rules  for,  determined  by  state  board 11(10)        17 

prepared   and   forwarded,   how 404,  406  189 

When   held    404  189 

EXAMINATIONS,  HIGH  SCHOOL  EXTENSION  : 

Certificate  to  entitle  holder  to  enter  university 410  191 

Questions  prepared  and  distributed 409  191 

State  board  to  outline  course 408  190 

When  held,   conditions    408  190 


INDEX 


309 


Sec.  Page 

EXAMINATIONS,  attendance  of  pupils  excused  from,   counted.  .  379  179 

EXAMINATIONS,  TEACHERS'  : 

Cities  employing  one  hundred  teachers 326ff  157 

County  superintendent  to  conduct 157(15)        77 

Credits  of  ninety  per  cent.,  value  of 316  151 

does  not  apply  to  elementary  normal  school  certificates..  316n  151 

obtained   in   other  states    319  152 

Disclosing   questions,    penalty 367  174 

Fees,  credited  to  institute  fund   262  123 

For   common   school   certificates 325  154 

May    be    taken    piece-meal 316  151 

Notice  of   157(15)        77 

Optional  subjects   318  152 

Papers  and  reports,  transmitted  and  filed 323  153 

Questions,  uniform,  prepared  by  state  board 11(8)  17 

printed  and  distributed  by  state  superintendent 5(3)  11 

Rules  for.  determined  by  state  board 11(8)  17 

county  superintendent  to  enforce 157(4)  75 

Standings  in.   to  appear  on  certificate 320  152 

State   manual,   examination,    required 11(4)  15 

Where  and  when  held 322  153 

EXPERIMENTAL  STATION— (see  STATE  COLLEGE  OF  WASH- 
INGTON.) 

EXPULSION  : 

From   common   school,    for   disobedience 93  51 

Public  school  pupils,  liable  to  commitment  for 65  40 

FINES : 

Accrue  to  current  state  school  fund 287  133 

Failure  to  pay  over,  penalty 369  175 

For  violation  of  compulsory  school  law,  disposition 402  188 

FIRE  DRILLS  : 

Colleges  and  universities  excepted 442  201 

Held,    how    often 439  200 

Penalty  for  neglect   440  201 

Publication   of  law  regarding 441  201 

FIRE,  PROTECTION  FROM— (see  FIRE  DRILLS.) 

County  superintendent  to  judge  specifications  of  buildings  in 

third   class  districts    221  106 

Doors  of  school  buildings  to  swing  outward 464  208 

FIRST  CLASS   DISTRICTS— (see  DISTRICTS:  First  Class.) 

FLAG,  every  school  shall  display 164  83 

FORMATION     OF     NEW     DISTRICT— (see     DISTRICTS,     New 
Districts.) 

FORMS  FOR  USE  OF  SCHOOL  OFFICERS  AND  TEACHERS 269ff 

FRATERNITIES— (see   SECRET    SOCIETIES). 

FUNDS— (see  REVENUES,  SCHOOL.) 

FURNITURE,    fund   for 291  137 

GENERAL   SCHOOL  FUND— (see   REVENUES,    SCHOOL),   how 

constituted    286  132 

GLOBES— (see  SUPPLIES.) 

GOVERNOR : 

Member  of  state  board  of  finance 547  242 

investment  of  permanent  school  fund  in  state  bonds 551-4  244-5 

State  board  of  education,   appointment  of  members 7  14 

vacancies,   to  fill    • 448  203 


310  INDEX 


GOVERNOR— Continued  :  See.  Page 

State  college,  regents,  appointment  of 29  26 

advisory  member  of    '. 42  31 

report  of   39  30 

treasurer's  bond  to  be  approved 30  27 

visitor  of,  ex  officio 26  24 

State  normal  schools,  trustees,  appointment  of 47-8  33 

report    of    61  38 

State  school  for  girls,  appointment  of  commission 504  228 

approval  of  appointments 505  229 

To  appoint  commission  to  study  tax  for  higher  institutions.  .  454  205 

University  of  Washington,  regents,  appointed  by 16  19 

report  of   18(6)  21 

GRADES— (see  EXAMINATIONS,   TEACHERS'). 

GRAMMAR  SCHOOL  EXAMINATIONS— (see  EXAMINATIONS, 
GRAMMAR  SCHOOL.) 

GRAMMAR  SCHOOLS  : 

Course  of  study  for,  prepared  by  state  board 11(7)  17 

Included  in  common  schools   1  9 

GUARDIANS— (set  PARENTS  OR  GUARDIANS.) 

GYMNASIUM,   land   for,   may  be   acquired 174n  86 

HEAD  OF  A  FAMILY,  definition  of 108n  55 

HEALTH— (see  HYGIENE;  MEDICAL  INSPECTION;   SANITA- 
TION;  VACCINATION.) 

HEATING— (see  VENTILATION.) 

HIGH  SCHOOLS : 

Accredited  by  state  board 11(5)  16 

Attendance,  how  counted  for  apportionment 249  120 

Bonus  to,  conditions   252  120 

Certificate  from  grammar  school  examinations  to  admit  to..  404  189 

Course  of  study  prepared  by  state  board 11(7)  17 

Districts    with    four-year    accredited    high     school,     in    first 

division 265  124 

Extension  examinations    408-410  190-1 

Included  in  common  school  system 1  9 

Inspection  of    8  14 

Not  required  where  only  one  teacher  is  employed 163n  80 

Secret  societies,   rules  against 93n  51 

Students  of,  admitted  to  state  college    25  23 

admitted  to  university 15  18 

Tuition  to  be  free,  when 249  120 

Union  high  school— (see  DISTRICTS:  Union  high  school.) 

HOLIDAYS  : 

Registration  books  closed  on 357  170 

Teachers  not  required  to  teach  on  certain 230  111 

HYGIENE  : 

Required   to   be    taught    89  49 

Failure  to  provide  for  teaching  of,  penalty 370-1  175-6 

IMMORAL  BOOKS,  ETC.,  excluded  from  schools 163(9)  81 

INCORRIGIBLES,  commitment  to  state  training  school 65  40 


INDEX  gn 


INDEBTEDNESS  :      -  Bee.  Page 

Adjustment  of,  in  formation  of  new  districts 112  57 

in  alteration  of  boundaries   115  58 

in  extension  of  city  limits 119  60 

in  formation  of  joint  district 138  67 

Consolidated  districts,   payment   of 127  64 

Directors  may  not  exceed  annual  income,  except 170  85 

Disorganization  of  district  not  to  affect 151  72 

Excess  over  limit,  cause  for  not  maintaining  school 163n  80 

Exchange  of  warrants  for  bonds 292  138 

Extension  of  city  limits,  payment  of 120  61 

Funding  outstanding,  by  bonds   288  133 

Joint   districts,   levies  for 139  68 

Limitation  of   288  133 

elections    for    increase    339n  162 

New  district,  tax  levy  to  pay  indebtedness 113  58 

School  district  liable  for 165  84 

Special  tax  when  district  has  not  shared  apportionments 382  180 

Validation  of  outstanding,  authorized 303  143 

bond  issue  for 307-8  146 

election  for,  resolution  of  directors  calling 304  144 

ballots,  form  of   306  145 

conducted,    how    306  145 

exchange  bonds  for  warrants,  when 309  147 

notice  of   305  144 

returns,  canvass  of 306  145 

voters,  qualifications  of    306  145 

of  district  that  is  merged  with  first  class  district 310  147 

paying  of  illegal  school  warrants,  when  allowed 310n  147 

unextinguished,  certified  to  county  commissioners 310'  147 

levy  to  liquidate    310  147 

moneys  collected,   how  applied 310  147 

vote  required    304  144 

INDUSTRIAL  SCHOOLS,  establishment  in  districts  of  first  class.  191(4)  92 

INSTITUTES,  TEACHERS'  : 

Attendance   accredited   for   apportionment 261  123 

City,  when  held   259  123 

County  superintendent  empowered  to  hold 157(16)        77 

to  arrange  for    256 

Expenses  of   263  123 

county  superintendent  lawful  auditor  of 263n  123 

report  of   264  124 

Expenses  of  state  superintendent,  when  paid  by  county 5n  13 

Faculty  members  can  charge  for  lecturing  at 264n  124 

Fund   created    262  123 

fees   paid   into 313  150 

Joint,  how  arranged   257  122 

Principals  of  normal  schools,  may  attend 53 

Teachers  required  to  attend   258 

failure  to  attend,  penalty 376  177 

pay    not    diminished 261 

Time  fixed  by  county  superintendent 260 

Visiting  days    256 


122 


INSURANCE,    authorized    163(3)  80 


permanent  fund  for    457 


208 


312  INDEX 


INTEREST— (see  BONDS  ;  WARRANTS.)  Sec.  Page 

Legal  rate  on  school  warrants,  how  regulated 449-450  204 

On  bonds,  levy  for    294  138 

must  be  paid 296  140 

validation  of  indebtedness   307  146 

INTOXICATING  LIQUORS— (see  ALCOHOL.) 
INSPECTION,  SCHOOL  : 

Deputy  state  superintendent,  an  inspector  of  schools 6  13 

High  school  inspection  by  state  superintendent 8  14 

Normal  training  departments  inspected  by  state  board 11(6)  16 

JANITOR  : 

Contagious  disease  bars  from  school 92  50 

Director  may  not  serve  as 103n  80 

Employed  by  directors    163(3)  80 

minor  children  of,  may  not  be  employed 183n  80 

In  first  class  districts,   election   of 191(5)  92 

by  roll  call    179  88 

Teacher  may  serve  as,  compensation 163n  80 

JOINT  DISTRICTS— (see  DISTRICTS .) 

JUDGMENT  AGAINST  SCHOOL  DISTRICT 165  84 

JUVENILE  COURT  LAW  : 

Award  and  adoption  of  children 492  222 

Board  of  visitation   501  227 

Child  shall  not  be  detained  in  jail 494  224 

Commitment,  support  of  child 491  221 

Court  may  change  order 498  226 

Court  proceedings  may  be  private 493  223 

Dependent  and  delinquent  children,  who  included 484  215 

Detention  rooms  provided    496  225 

Fees  not  allowable 499  226 

Judge  of,  may  issue  permits  for  children  to  labor 443  201 

Justice   court   cases   transferred 41)5  225 

Liberal    construction    of   act 497  226 

Penalty  for  delinquency  of  child 500  226 

Petition  to  take  charge  of  living  child 488  219 

Probation  officers,  duties   486  218 

expenses 487  219 

Records  not  public,  destroyed  when 493  223 

Repealing  clause 502  227 

Superior  court  to  be  juvenile  court 485  217 

Summons  and  notice  of  hearing 489  .  219 

publication  of   490  220 

Terms  to  be  used   485  217 

JUVENILES  : 

Commitment  to  state  training  school <;r>  40 

to    parental    school 531-2  237 

to  state  school  for  girls 508  230 

Feeble-minded,  commitment  of    80^  45 

KINDERGARTENS : 

Establishment  in  first  class  districts 191  (4)  92 

Free,  in  districts  of  first  and  second  class 411  191 

ages  of  children    411  191 

cost  paid  from  general  fund 4 1  .">  192 

courses  and  rules 411  191 

not  included  in  apportionment   412  192 

power   to   establish    411  191 

public  school  system,   part  of   412  192 

teachers  to  hold  what  certificates 414  192 


INDEX 


Sec.  Page 

LAND,  directors  may  condemn  for  site 174  86 

LIBRARIES  : 

County  circulating,  establishment    273  128 

bills  certified 275  128 

books  must  be  recommended 277  129 

purchased  by  county  superintendent 278  129 

indebtedness  may  not  be  contracted 276  128 

tax  levy  for    274  128 

Immoral  and  pernicious  books,  etc.,  to  be  excluded 163(9)  81 

Injury  to,  penalty   380  179 

Second  class  districts,  directors  to  provide 202  100 

State  normal  schools  to  provide : 50  34 

Third  class  districts,  directors  to  provide,  approval 214  104 

Union  high  school,  allowed  in 147  71 

University,  authorized  in 478  213 

LIFE  DIPLOMAS  : 

Granted   to   graduates   of   accredited   normal   training   depart- 
ments     11(6)  16 

State  college  life  diploma 43  31 

State  normal  school  life  diploma 57  37 

Territorial  and  state  not  invalidated 311  149 

University  life  diploma   18(3)  20 

LIGHTING— (see  VENTILATION.) 

MANUAL  TRAINING,   schools  may  be   established  in  first  class 

districts     191  (4)  92 

State  institution  for  feeble-minded  to  carry  on 87  48 

State  normal  schools  to  provide  department  of 54  36 

MAPS— (see  SUPPLIES.) 

MEDICAL  INSPECTION,  directors  to  provide  for,  in  first  class 

districts     191(14)  94 

MILITARY  SCIENCE  : 

In  state  college    28  25 

In  university    15  18 

MINIMUM  LENGTH  OF  SCHOOL  TERM 94  51 

Eight  months  in  first  class  districts 191(5)  93 

Failure  to  have,  cause  for  disorganization 151  72 

Required  for  apportionment  to  new  district 382  180 

ibid 255n  121 

Six  months  in  second  class  districts 207  102 

Vote  required  to  lengthen 345  166 

MODEL  SCHOOL— (see  STATE  NORMAL  SCHOOLS.) 

MONEYS : 

Arising  from  tax  for  higher  institutions 453  205 

uses  of 455  205 

County  superintendent  to  turn  over  certain 157(17)  77 

County  treasurer  to  transmit  to  state  treasurer 239(7)  116 

Disorganization  of  district 151n  72 

Disposition,  fees  of  state  college 30n  27 

Fees  for  teachers'  certificates  credited  to  institute  fund.  .  .262,  313     123,150 

Fines,  etc.,  credited  to  current  state  school  fund 287  13.". 

failure  to  pay  over,  penalty    369  175 

First  class  districts  shall  pay  out,  how 186  90 

For  certified  copies  of  papers 5(18)  13 

Insurance  money,  when  vised 163n  80 

Joint  district,  transfer  of  funds  in 137  61 

New  districts  entitled  to 110-111  56 

Tuition,  transfer  of,  to  county  treasurer 166  84 


314  INDEX 


MORALITY :  Sec.  Page 

Bible,  stated  reading  of,  prohibited 232n  112 

Evidence  required  for  registering  of  certificate 315  151 

Immorality,  cause  for  revoking  certificate 335  160 

Lack  of,  bar  to  obtaining  city  certificate 327  158 

Must  be  taught 232  111 

MUSEUM,   at   university,    authorized 465-8  209-210 

NEW  DISTRICTS— (see  DISTRICTS). 

NIGHT  SCHOOLS  : 

Attendance,    how   credited 251  120 

Directors   in   first   class   districts   may   establish 191(4)  92 

School  room  may  be  used  for 163(10)  81 

NORMAL  DIPLOMA: 

Prom   state  college 43  31 

Prom  state  normal  schools 57  37 

Prom   university    18(3)  20 

Valid  in  cities  employing  one  hundred  teachers 330  159 

NORMAL  TRAINING  DEPARTMENTS: 

Accrediting  of 11(6)  16 

In  private  schools 11(2)  15 

Inspected  by  state  board 11(6)  16 

OATHS : 

Administered  in  appeal  cases 388  182 

County  superintendent  may  administer  when 81%  45 

Defined     571  252 

Definition   of    "false" 574  253 

Deposition,  when  complete 573  253 

District  officers  may  administer,  when 172  86 

Irregularity  in  administering,  no  defense 572  252 

Of  board  of  regents  of  state  college 37  30 

Of  board  of  regents  of  university 16  19 

Of   challenged   voters 342  163 

Of    county    superintendent 154  7M 

Of   district    officers 172  86 

filed  in  office  of  county  superintendent 158  78 

in   second   class  districts 199  99 

Of   election  board 340  163 

Of  members  of  textbook  commission 266  124 

Of   persons    registering   to   vote 362  172 

secretary  to  administer 363  172 

State  superintendent  may  administer 5(15)  12 

OFFICERS,  PUBLIC: 

Asking  or  receiving  a  bribe,  penalty 560  248 

False  auditing  and  paying  of  claims,  penalty 576  253 

False  report,  penalty 569  252 

Grafting,    penalty    563  249 

Grant  of  official  powers,  penalty 565  251 

Injury  to  and  misappropriation  of  record 568  251 

Injury  to  public  record,  penalty 567  251 

Intrusion  into  or  refusal  to  surrender  public  office 566  251 

Interfering   with,    penalty 561  249 

Making  false  certificate,  penalty 575  253 

Misconduct    of,    penalty 564  250 

Offering  reward  for  appointment,  penalty 562  249 

Penalty    for   bribery    of 559  247 

Perjury,  second  degree,  penalty 570  252 


INDEX 


315 


PARENTS  OR  GUARDIANS— (see  JUVENILE  COURT  LAW;  Sec.  Page 
PARENTAL  SCHOOL)  : 

Abusing   a   teacher,    penalty , 377  173 

Compulsory   attendance   of   children 392  183 

Deaf  or  blind  children  to  attend  state  schools 77  43 

cost  of  support  to  be  paid  when 73  42 

penalty    for    neglect 79  44 

Feeble-minded,    admission   to   state   institution 80%  44 

allowed  to   visit  homes,   when 85  47 

cost  of,  borne  by  parents 86  48 

cost  of  support  to  be  paid,  when 81  45 

entrance  under  tuition   fee 85%  47 

penalty  for  violation  of  law  governing 87%  49 

shall  be  sent  to  state  institution 83  46 

Home  not  a  private  school 392  183 

School  census,  must  report  for 223(3)        107 

Penalty  for  child  delinquency 500  226 

PARENTAL  OR  TRUANT  SCHOOLS : 

Attendance,    credited    for    apportionment 250  120 

Buildings,    erection    of 528  236 

Commitment,    petition    for 531  237 

notice  and  hearing 532  237 

Discharge     535  239 

Establishment  of   527  236 

Incorrigibles  sent  to  reformatory 537  239 

Parents  to  provide  clothing 533  238 

Parole    534  238 

violation    of    536  239 

Religious   services    530  237 

Rules  and  regulations 534  238 

Sites,  purchase  and  location 528  236 

Superintendent,  etc.,  employment  of 529  236 

report  of   535  239 

PATRIOTISM,   must  be  taught 232  112 

PECUNIARY  INTEREST  of  directors  in  contract,  forbidden 169  85 

PERMANENT  SCHOOL  FUND— (see   REVENUES,   SCHOOL). 
PENALTIES  : 

Deaf  or  blind  youth,  failure  to  obey  law  concerning 79  44 

Failure  to  attend  board  meetings  in  first  class  districts 188  91 

Feeble-minded,  violation  of  law  regarding 87%  49 

For  abusing    teacher    377  178 

For  clerk's  failure  to  make  report 372  176 

For  clerk's  failure  to  report  concerning  compulsory  attendance  400  188 
For  crimes   by   and   against   public   officers — (see   OFFICERS, 
PUBLIC). 

For  delinquency  of  child 500  226 

For  disclosing    questions 367  174 

For  disturbing  school  meeting 378  178 

For  employing  children,  when 394  185 

For  employing  disqualified   teacher 373  177 

For  enticing  girl  away  from  state  school,  etc 511  231 

For  failure  of  county  superintendent  to  enforce  teaching  of  hy- 
giene       371  176 

For  failure  of  county  superintendent  to  report 368  174 

For  failure  of  new  district  to  have  one  month's  school 382  180 

For  failure  to  attend  an  institute 376  178 

For  failure  to  deliver  books  to  successor 373  177 


316  INDEX 


PENALTIES — Continued  :  Sec.  Page 

For  failure  to  enforce  course  of  study  and  rules 374  177 

For  failure  to  have  doors  of  school  buildings  swing  outward.  .  464  208 

For  failure  to  hold  fire  drill 440  201 

For  failure  to  pay  over  fines 369  175 

For  failure  to  provide  for  teaching  of  hygiene 370  175 

For  failure  to  use  adopted  textbooks 381  170 

For  false  report  of  presence  of  pupils 379  179 

For  false  swearing  in  registration 383  180 

For  false  swearing  regarding  challenge  of  voters 365  17*3 

For  injuring   school   property 380  179 

For  issuing  warrants  to  teacher  not  legally  qualified 381  179 

For  maltreatment  of  pupil .".7."»  177 

For  revocation  of  certificate 336  161 

For  sale  of  intoxicating  liquors  on  or  near  university 476  212 

For  sale  of  liquors  near  educational  institutions 4.*?1  198 

For  violation  of  act  relating  to  publication  of  estimates 438  200 

For  violation  of  child  labor  law 444  202 

For  violation    of    compulsory    attendance    law 394  185 

failure  of  school  officers  to  enforce   401  188 

For  violating  vivisection  law 474  212 

Teacher's  failure  to  keep  register 227  110 

failure    to    make    reports 226  110 

Trustees,   state  normal   schools,   pecuniary  interest. 62  39 

PLAYFIELD,   directors  may  acquire   by   eminent   domain 174n  87 

PRIMARY  GRADES: 

Length  of  school  day,  in 90  50 

in  first   class   districts 191(5)  93 

PRIMARY  SCHOOLS,  course  of  study  prepared  by  state  board..        11(7)  17 

PRINCIPAL : 

Authority    over    teachers 15  260 

Compulsory  attendance,   report   of  truancy 397  187 

Course  of  study,   to  prepare,  approval   of 268  126 

False  report  of  presence  of  pupils,  penalty 379  179 

Fire    drills    required 439  200 

penalty    for    failure '. 440  201 

Report  of    226  110 

Second  class  districts,  election  and  power  of 20(5  102 

Teachers   report   to 226  110 

Third  class  districts,  election  and  power  of 215  104 

report   required    from 217  104 

PRIVATE  SCHOOLS : 

Annual  report  to  state  superintendent 5(10)        12 

Attendance,   must   report 248  119 

courses  to  parallel   common  schools 255n  121 

Children    may   attend 392  183 

County   superintendent   to   approve 392n  183 

Fire  drills  required  in 439  200 

penalty  for   failure 440  201 

Normal  training  departments  accredited  by  state  board 11(6)  16 

courses  approved  by  state  board 11(2)  15 

Secondary   schools  accredited  by  state  board 11(5)  16 

Secret   societies  bar   to   accrediting 11(5)        16 

PROBATION  OFFICER— (see  JUVENILE  COURT  LAW). 

PROMOTIONS    268  126 

PROPERTY,   SCHOOL  DISTRICT— (see  DISTRICTS). 


INDEX 


317 


PROSECUTING  ATTORNEY— (see  ATTORNEYS.  Sec.  Page 

PUBLIC  SCHOOLS  : 

Administrative   officers   of 2  9 

Constitutional     provision In  9 

Embraces  what  classes  of  schools 1  9 

Fire    drills    required    in 439  200 

Free  from  sectarian  influence 96  52 

Kindergarten,  free,  to  be  part  of 412  192 

Law  of  1909  a  recodification 433  198 

repeal  of  conflicting  laws 434  198 

Reading  Bible  in 232n  112 

State  board  of  education  shall  unify 12  17 

State   superintendent  to  have   supervision   over 5(1)  10 

PUBLISHERS  : 

Shall  deposit  copies  of  books  with  state  superintendent 269  127 

Shall  furnish  to  county  superintendent,  when 270  127 

PUNISHMENT  : 

Child  may  not  be  punished,  when 231n  111 

Corporal,    allowed     par.  5  259 

Unjust,  defined,  penalty 375  177 

PUPILS  : 

Absence  and  tardiness,   excuses   required par.  11  260 

Ages  of,  for  admission  to  common  schools 88  49 

barred  unless   six   years   old 163(6)  80 

may  be  barred  when  six 163n  80 

Contagious  diseases  bar  from  school 92  50 

Directors  may   suspend  or  expel,   when 163(6)  80 

Directors    to    enforce    rules    governing 163(2)  80 

Disturbing  school  meeting,  penalty  applies,  when 378n  178 

Expulsion   for  disobedience    93  51 

Injuring  school  property,   penalty 380  179 

Maltreatment  of  pupil,   penalty 375  177 

Rules  of  state  board  governing 260 

Secret  societies,   regulations  against 93n  51 

may  be  prohibited 191  (13)  94 

Shall  pursue  required  course  of  study 93  51 

Submission   to   authority  of  teacher 93  51 

Suspension  of,  by  teacher 231  111 

Teacher    to    grade 228n  111 

Textbooks,  free,  rules  concerning 163(7)  80 

Textbooks,    must    provide 163(8)  81 

Transportation  of    163(11)  81 

building  bridge  not  allowed 163n  80 

no   discrimination    163n  80 

not  to  or  from   another  district 183n  80 

Vaccination   of,    in   first   class   districts 191(11)  93 

QUALIFICATIONS—  (see   ELIGIBILITY) . 

RECORDS : 

County    superintendent    to    preserve 157  74 

Penalty    for   failure    to    deliver    to    successor 373  177 

State  superintendent  to  preserve 5  10 

REFORM   SCHOOL— (see  STATE  TRAINING  SCHOOL). 

REGENTS.  BOARD  OF— (see  STATE  COLLEGE  ;  UNIVERSITY 
OF   WASHINGTON). 


318 


INDEX 


REGISTER,  TEACHER'S :  Sec.  Page 

Clerks  to  furnish   teachers  with 223 (7)  108 

County  superintendent  shall  inspect 158  78 

Teachers   must  keep 227  110 

REGISTRATION  : 

Bond  election,  does  not  apply  to 289n  134 

In  first  class  districts,  required  in 351  168 

Of  voters  living  outside  city  in  first  class  district 354  169 

books  for 356  170 

books  opened,  when  and  where 357  170 

at   convenient   places,    when 358  170 

contents    of 361  171 

delivered  to  election  clerks 366  174 

by  voting  precinct 360  171 

challenges,   how   taken 365  173 

expenses  for   356  170 

false   swearing,   penalty 383  180 

manner  of 361  171 

must   appear   in   person 362  172 

oath    362  172 

secretary  to  administer 363  172 

qualifications   required    359  170 

required  only  once  in  year 359  170 

secretary    must    register 355  169 

transfer  of    364  173 

RELIGION : 

Bible,  stated  reading  of,   prohibited 232n  112 

School  room  used  for  religious  purposes 163(10)  81 

Schools  free  from  sectarian  influence 96  52 

Services  in  parental  schools 530  237 

State    college,    non-sectarian 25  23 

University  to  be  free  from  religious  control 20  22 

REPAIRS,    authorized    163(3)  80 

department  in  first  class  districts 191  (9)  93 

REPEAL  OF  LAWS   CONFLICTING   WITH    RECODIFICATION 

OF   1909    434  198 

REPORTS : 

Clerk's  annual  report  to  county  superintendent 223(4)  107 

failure  to  make,  penalty 372  176 

County  superintendent,   annual   report  of 157(11)  75 

penalty  for  failure     368  174 

shall  require  reports  of  all  officers  and  teachers 158  78 

County    treasurer    239  (3)  115 

State  superintendent,  biennial  report 5(2)  10 

REVENUES,  SCHOOL: 

Bond  redemption  fund .  294  138 

cannot  be  transferred  to  building  fund 294n  138 

sinking    fund    294  138 

Bonds,   sale  of,   proceeds 288  133 

Building    fund,    created 291  137 

erection  of  buildings  not  "current  expenses" 286n  132 

Building  fund,  used  for  building  purposes 345n  166 

Common  school  fund,  permanent  and  irreducible 279  129 

how  invested 550-1  243-4 

interest  applied  to  current  state  school  fund 281  130 

loss  to,  a  permanent  debt  to  state 280  130 

sources  of   279  129 


INDEX 


319 


REVENUES,  SCHOOL — Continued:  See  Page 

County  school~tax,  levy  and  limit 283  131 

based   on   school  census 284  132 

how  apportioned 285  132 

Current  state  school  fund,  constituted  how 281  130 

apportionment  of — (see  APPORTIONMENTS) 

fines,  forfeitures,  etc.,  accrue  to 287  133 

must  be  applied  to  current  use  of  schools 281  130 

buildings  and  sites  not  "current  use" 286n  133 

state  auditor  to  certify  amount  of 282  131 

state  tax  levy,  limit 281  130 

certified   and    collections   reported 282  131 

Failure  to  pay  over  moneys,  penalty 369  175 

Fines  for  violation  of  compulsory  school  law,  disposition 402  188 

General  school  fund  of  school  districts,  how  constituted 286  133 

buildings  may  not  be  paid  for  from 281n  130 

kindergartens  may  be  supported  from 413  192 

moneys  from  sale  of  bonds  credited  to 291  137 

New  district,   when  entitled  to   funds 110,  111  56 

School   district  fund,   created 286  132 

School  district  tax,  authorized 286  132 

State  tax  levy,   limit 281      (  130 

REVOCATION  OF  CERTIFICATES— (see  CERTIFICATION)  : 

Suspension  of  teacher,  when 157(18)  77 

RULES : 

County  board  may  adopt,  consistent  with 242(4)  117 

Directors    to    enforce 163 (2)  80 

Failure  to  enforce,  penalty 374  177 

Failure  to  obey,   consequence 163 (6)  80 

For  grammar  school  examinations 11  (10)  17 

For    teachers'    examinations 11(8)  17 

Prescribed  by  state  board  for  teachers  and  pupils 259 

State  superintendent  to  print  and  distribute 5(3)  11 

Teacher  to  enforce 228  111 

Textbooks,   free,    rules    concerning.... 163(7)  80 

SANITATION  : 

Directors,    duty   regarding 163(4)  80 

Medical  inspector  to  report  on 191  (14)  94 

SEAL: 

On  bonds,  when 307  146 

State  board  of  education 13  18 

State  superintendent  of  public  instruction 5(18)  13 

SECOND  CLASS   DISTRICTS— (see  DISTRICTS,   Second  Class.) 

SECRETARY— (see  also  CLERKS,  SCHOOL  DISTRICT)  : 

Bond  of   183  89 

County  treasurer  to  make  monthly  statement  to 239(5)  115 

Duties    of 182  89 

Election   and   salary    178  88 

petition  of  candidates  filed  with 349  168 

registration  books,  how  secured 352  168 

registration  of  voters  outside  city  limits 355  169 

allowed  in  special  cases 359  170 

books  for,  provided 356  169 

deliver  to  election  clerks 366  174 

kept  by  voting  precincts 360  171 


320  INDEX 


SECRETARY — Continued  :  See.  Page 
Election  and  salary — 

registration  of  voters — 

notice  of  closing  books 357  170 

oath  administered  by 363  172 

to  keep  on  file 362  172 

transfer    of,    how 364  173 

Removal  of   178  88 

Report  of,   annual 183  89 

Shall  take  school  census 192  94 

Warrants  drawn  and  signed  by 186  90 

SCHOOL  CALENDAR,  OFFICIAL 6 

SCHOOL  CENSUS : 

Clerk   shall    take 223(3)  107 

County  superintendent  to  certify 284  132 

Defective  youth,  separate  list  of 223(3)  107 

Indian  children  not  included,  when 223(3)  107 

In  first  class  districts,  how  taken 192  94 

Kindergartens,  free,  not  to  affect 412  192 

Teacher  to  be  furnished  copy  of 397  187 

SCHOOL  DAY,  LENGTH  OF 90  50 

In  first  class  districts 191(5)  93 

May  be   in   one   session 90n  50 

SCHOOL  FOR  DEFECTIVE  YOUTH— (see  STATE  INSTITU- 
TION FOR  FEEBLE-MINDED;  STATE  SCHOOL  FOR 
BLIND  AND  STATE  SCHOOL  FOR  DEAF)  : 

Establishment  in  first  class  district 191  (4)  92 

SCHOOL   HOUSES— (see  BUILDINGS). 

SCHOOL  LANDS : 

Held  under  contract,  taxation  of 477  212 

Proceeds  from,  go  to  common  school  fund 279  129 

Sites,    purchased    from 107  54 

SCHOOL  LAW  : 

Printed  and  distributed  by  state  superintendent 5(6)  11 

Questions  on,  decided  by  state  superintendent 5(14)  12 

State  manual  to  include  excerpts  from 5(17)  13 

SCHOOL  MONTH,  LENGTH  OF 90  50 

SCHOOL  REVENUES— (see  REVENUES,  SCHOOL). 

SCHOOL  TERM  : 

Minimum  length  of  term 94  51 

excess  of,  special  meeting  to  authorize 345  166 

in   first   class   districts 191(5)  93 

in   second  class   districts 207  102 

SCHOOL  YEAR  : 

Begins  and  ends,   when 91  50 

Defined  as  nine  months  for  certification 90  50 

Length  of    91  50 

SECONDARY  SCHOOLS— (see  HIGH  SCHOOLS). 

SECRET  SOCIETIES: 

Bar  to  accrediting  of  private  academies 11(5)  16 

Directors  may  enforce  rules  against 93n  51 

may  prohibit  in  first  class  districts 191(13)  94 

SINKING  FUND— (see  REVENUES,  SCHOOL)  : 

Not  to  be  divided   llln  56 


INDEX 


321 


SITES:                       "  sec.  Page 

Bonds  may  be  issued  to  purchase 288  133 

Building  fund  used  for 291  139 

Director  may  not  sell  to  district 169n  85 

Directors  may  condemn  land  for 174  86 

First  class  districts,  directors  may  purchase 194  96 

Fund    for    291  137 

May  not  be  purchased  from  general  fund 286n  132 

Purchase  of  one  after  sale  of  another,  vote 345n  166 

Purchase  or  sale  of,  special  meeting  to  authorize 345  166 

School  lands  purchased  for 107  54 

Second  class  districts,  vote  necessary 204  101 

Taking  private  property  for,   authority 415  192 

adjournment  of  proceedings 418  194 

appeal  to  supreme  court,  limitation 427  196 

not   to  stop   taking  possession 428  197 

clerk  of  court  not  to  charge  fees 429  197 

compensation   when   jury   is   waived 424  195 

costs   paid   by   district 426  196 

entry  of  judgment  and  decree  of  appropriation 425  196 

findings    of    court 419  194 

jury,    selection    of 420  194 

instructions    to 422  195 

shall  fix   compensation 422  195 

verdict  of    423  195 

notice   of   petition 417  193 

petition  to  court 416  193 

plaintiff  and  defendants 429  197 

superior   court   to   preside 421  195 

value  not  limited  to  land  value 422n  195 

Third  class   districts,   vote   required 220  106 

SPECIAL  MEETINGS— (see  also  ELECTIONS)  : 

Called    when     345  166 

Conducted   how    346  166 

Directors  must  carry  out  instructions  of 347  167 

How,    when   and   where    held 346  166 

Notice   of   contents    346  166 

Officers    of    346  166 

Purposes    of    holding 345  166 

Record   of   proceedings,   filing 346  166 

STATE  AUDITOR  : 

Member  of  state  board   of  finance 547  242 

investment  of  permanent  school  funds  in  state  bonds 551-4  244-5 

Power  to  compel  production  of  books 238%n  113 

Shall  certify  amount  in  current  state  school  fund 282  131 

State  college  funds,  duties  regarding 546  242 

Warrants  for  state  training  school  issued  by 519  233 

for  claims  against  state  college 46  32 

STATE  BOARD  OF  CONTROL: 

State  school  for  blind  and  state  school  for  deaf — 

admission  of  pupils 73  42 

appointment    of    superintendent 74  42 

one  for  each   school 79%  44 

direction   of    70  41 

number  of  employes   in 74  42 

report    from    county    superintendents 76  43 

—11 


322  INDEX 


STATE  BOARD  OP  CONTROL,— Continued  :  Sec.  Page 
State   institution   for  feeble-minded — 

admission    of   non-residents 81  45 

under  tuition  fee,  when 85  ^  47 

direction   of    80  44 

form  of  application  for  admission 81*4  45 

report  of  feeble-minded 82  y2  46 

State  school  for  girls,   management,   etc 505ff  229 

State  training  school — 

appointment  of  superintendent 67  40 

ibid 520  234 

investigations     523  235 

management    66  40 

STATE  BOARD  OF  EDUCATION  : 

Accrediting  of  higher  institutions 11(3)  15 

of  state  life  certificates  and  life  diplomas 11(4)  16 

Administration  of  public  school   system  intrusted  to 2  9 

Appeals,   heard   and   decided ', 11(11)  17 

in  cases  of  revocation  of  certificates 337  161 

Books  for,  furnished  by  state  superintendent 8  14 

Certified  copies  of  proceedings 9  14 

Compensation,  when    10  14 

Courses  of  study  for  common  schools,  to  prepare 11(7)  17 

for  state  normal   schools 57  37 

Expenses  to  be  paid 10  14 

Grammar   school   examinations,    questions 11(10)  17 

High  school  extension,  to  outline  course  for 408  190 

to  furnish  questions  for 409  191 

High  school  inspection  directed  by  state  superintendent 8  14 

Inspection   of   normal    training   departments 11(6)  16 

Meetings,  annual  and  special 10  14 

Members   of,    appointment 7  14 

Optional  subjects  for  examinations 318  152 

Powers    and    duties,    enumerated 11  15 

accredit  secondary  schools 11(5)  16 

accredited  list  of  higher  institutions 11(3)  15 

accrediting  of  state  life  certificates 11(4)  16 

appeals,  hear  and  decide 11(11)  17 

courses  in  normal   schools   and  departments   of  education, 

approval     11(2)  15 

courses  of  study  for  common  schools,   to  prepare 11(7)  17 

entrance  requirements  for  higher  institutions,  approval...  11(1)  15 

inspect  and  accredit  normal  training  departments 11(6)  16 

questions  and  rules  for  grammar  school  examinations 11(10)  17 

questions  and  rules  for  teachers'  examinations 11(8)  17 

prepare  answers 11  (9)  17 

rules  for  common  schools,  prescribe 11(7)  17 

President  of   8  14 

Proceedings  of,  how  and  where  kept 9  14 

Public  school  system  unified 12  17 

Records  kept  in  state  superintendent's  office 5(13)  12 

Rules  and  regulations  for  government  of  pupils,  listed 260 

for  government  of  teachers,  listed 259 

Rules  for  accepting  credits  from  other  states 319  152 

Seal    13  18 

Secretary  of,  deputy  state  superintendent 9  14 

State  manual,  contents  determined  by 5(17)  13 

State  normal  schools,  admission  to  and  graduation  from 57  37 


INDEX 


323 


STATE  BOARD  OF  EDUCATION— Continued  :  See.  Page 

State  superintendent  ex-offlcio  president 5(7)  n 

Supervise  education  in  state  school  for  girls 513  232 

Teachers'  examinations,  questions  and  answers 11(8-9)       17 

optional  subjects  allowed 325  155 

Term   of   office 7  14 

Vacancies,   how   filled 448  203 

Woman  may.  serve  as  member  of 95  51 

STATE  BOARD  OF  FINANCE  : 

Chairman,  rules   549  243 

Constituted,  how    547  242 

Investment  of  educational  funds  in  bonds 550  243 

of  permanent  school  fund  in  state  bonds 551  244 

bonds,   description   of    552  245 

interest   credited    : 555  246 

printing,   signing    '.  .  .  .  553  245 

proceeds 554  245 

redemption    556  246 

warrants  are  not  bonds 550n  243 

Records,   office    548  243 

STATE  COLLEGE  OF  WASHINGTON  : 

Agricultural   college   current  fund 540  240 

payments   into    541  240 

Aim  and  purpose  of 25,  27  23-4 

Carnegie  fund,  application  for  authorized 447  203 

Common  schools,  not  part  of 88n  49 

Courses    of    instruction 27  24 

Degrees  and  diplomas  granted 43  31 

Department  of  education,  work  required  for  diplomas 43  31 

courses  approved  by  state  board 11(2)  15 

Designation 25  23 

Diplomas   issued,   classified  for   certification 324(3)  154 

granting  of   332  159 

revocation   of    335  160 

appeals    337 (3)  161 

Elementary  science,  department  of 28  25 

Entrance,   age   limitation 27  25 

requirements,  approved  by  state  board 11(1)  15 

scholastic  requirements 25  23 

who   are   entitled   to 25  23 

Establishment    25  23 

Expenses  to  be  paid  by  warrants 46  32 

Experimental  station — 

benefits  and  donations  to 34  28 

disposition  of  appropriation 581  257 

establishment   of    28  25 

federal  aid  for,  acceptance  of 35  29 

acceptance  of   580  257 

authority  for    34  28 

land  grant  for   34  28 

regents  may  acquire  land  for 583  258 

western  Washington,  maintenance  in 32  28 

located  at  Puyallup 582  257 

Farmers'  institutes    27  24 

Faculty,   entrance  requirements  specified  by 25  23 

recommendations  for  diplomas  and  degrees 43  31 

regents  to  fix  salaries 33  28 


324  INDEX 


STATE  COLLEGE  OF  WASHINGTON— Continued  :  Bee.  Page 

Funds,   disbursement  of 40  30 

state  treasurer  to  handle 546  242 

Government    of    32  28 

Intoxicating  liquor,  sale  prohibited  near 430  197 

penalty   for   violation , 431  198 

Lands  of,   proceeds  go  where 541  240 

disposition  vested  in  regents 544  241 

Location  of '    25  23 

Military  tactics,  training  in 28  25 

Permanent  funds,  how  invested 550  243 

President,  ex-officio  secretary  of  board  of  regents 30  27 

member  of  state  board  of  education 7  14 

Public  school  system,  part  of 1  9 

Regents,  board  of — 

administrative   officers 2  9 

appointment  and  term  of  office 29  26 

architects  and  superintendents,  may  employ 45  32 

bond  of   29  26 

buildings,  erection  of,  authorized 44  32 

by-laws,    enactment   of 32  28 

contractor's    bond    for 44  32 

contracts  for  construction,  not  to  be  interested  in 41  31 

courses  of  instruction  provided  by 28  25 

diplomas  and  degrees  granted  by 43  31 

employes  of,  to  have  no  pecuniary  interest 41  31 

expenses,  allowance 38  30 

governor,    ex-officio    advisory   member 42  31 

meetings    36  29 

oath     37  30 

organization  of  board 30  27 

powers    and    duties,    enumerated 33  28 

president,    election    of 30  27 

duties    of    31  28 

proceedings,   record   of 31  28 

quorum     36  29 

report  to  governor  annually 39  30 

copy    furnished    state    superintendent 39  30 

secretary,  president  of  college  is,   ex-officio 30  27 

bond  of    30  27 

duties    of    31  28 

treasurer,   election  of 30  27 

Religion,    non-sectarian     25  23 

Scientific  school  fund 545  242 

Subjects  of  instruction,   enumerated 28  25 

Treasurer,  election  and  bond 30  27 

disbursement  of  funds  made  by 40  30 

disposition  of  student  fees 30n  27 

duties  of   31  28 

Tuition  fees  fixed  by  regents 33  28 

Visitors,  ex-officio,  designated 26  24 

STATE  INSTITUTION  FOR  FEEBLE-MINDED: 

Admission,   children  entitled  to 80%  44 

application    for    80  %  44 

approval    of    82  45 

form    of    81  %  45 


INDEX 


325 


STATE  INSTITUTION  FOR  FEEBLE-MINDED— Continued  :  Sec.          Page 
Admission — 

of    adults 84  %  47 

of    non-residents    81  45 

under  tuition  fee  85  %  47 

Adults,  feeble-minded,  when  and  how  admitted 84%  47 

Agricultural  training  to  be  given 87  48 

Application  for  admission — 

approved  by  county  superintendent 82  45 

form  of   81%  45 

made  by   whom    80%  44 

Attendance  required,   when    83  46 

Buildings,   to  be  fireproof 86%  48 

separated  for  sex  and  departments 86%  48 

Clothing,  parent  to  provide,  or  state 86  48 

Common  schools,  not  part  of 88n  49 

County  superintendent,   shall  approve  application 82  45 

may   make   out   applications 80%  (5)     45 

shall   enforce  attendance    83  46 

shall  report  applications    82  45 

shall   report  defectives   82  %  46 

County  to  bear  expense,  when 83%  46 

Course    of   study    87  48 

Detention  of  inmates    85  47 

Discharge  of  inmates   85  47 

Establishment     80  44 

Expenses  of  youth,  when  borne  by  county .' 83%  46 

Intoxicating  liquors,  sale  prohibited  near 430  197 

penalty  for  violation    431  198 

Location     80  44 

Manual  training  provided    87  48 

Patients  may  be  held  after  majority 84  47 

Penalty  for  violation  of  law 87%  49 

Report  of  feeble  minded 82%  46 

School  department  of 87  48 

State  board  of  control  to  direct 80  44 

admission   of   children    81  45 

admission  under  tuition  fee   85%  47 

form  of  application  prescribed  by 81%  45 

State  school  and  colony   80n  44 

State  to  provide  clothing,  when  86  48 

Superintendent,  power  over  inmates   85  47 

Tuition  fee,  admission  under 85%  47 

STATE  MANUAL  : 

Act  regarding  fire  drills,  to  be  included 441  201 

Contents   of    5(17)  13 

Examination  in,  required  for  common  school   certificate 325  154 

required  of  graduates  of  accredited  Institutions 11(3)  15 

required  of  holders  of  accredited  certificates   11(4)  16 

Prepared  by  state  superintendent   5(17)  13 

STATE  NORMAL  SCHOOLS  : 

Bellingham  normal  school  fund,  created 452  204 

state  tax  levy  for 454  205 

uses   of    455  205 

Certificates  and  diplomas,  contents  and  signatures 55  36 

age   limitation    57  37 

classification  of    324  (3)  153 

elementary   normal    school    certificate 57  37 

not  entitled  to  continue  credits 316n  151 


326  INDEX 


STATE  NORMAL  SCHOOLS— Continued  :  Sec.  Page 
Certificates  and  diplomas — 
classification — 

granting  of 332  159 

kinds  of,  validity 57  37 

life   diploma    57  37 

normal    school    diploma    57  37 

secondary  normal  school  certificate 57  37 

practice  teaching  required 57  37 

Cheney  normal  school  fund,  created 452  204 

state  tax  levy  for   454  205 

uses   of    455  205 

Corporate  title   47  33 

Courses  of  study  prescribed  by  state  board 57  37 

advanced    course    57(3)          37 

for  graduates    57(5)          37 

approved  by  state  board 11(2)          15 

complete  course   57 (4)          37 

elementary  course    57(1)  37 

secondary  course   57(2)          37 

Ellensburg  normal  school  fund,  created 452  204 

state  tax  levy  for   454  205 

uses  of    455  205 

Entrance,  rules  for,  prescribed  by  state  board 57  37 

age   limitation    59  38 

requirements  for    59  38 

state  board  to  approve   11(1)  15 

Establishment     47  33 

Expenses,  warrants  for    50  34 

Faculty,   selection  and   removal 50  34 

vote  on  issuance  of  secondary  certificates 57  37 

Intoxicating  liquors,   sale  prohibited  near 430  197 

penalty  for  violation  431  198 

Kindergarten  department,  certificates  from    414  192 

Libraries  to  be  provided    50  34 

Library  deposit    58  38 

Locations     47  33 

Manual  training  department   54  36 

Model   school    54  36 

estimate  of  pupils  required  for 469  210 

not  part  of  common  schools 54n  36 

pupils  to  be  apportioned  to 470  210 

report  of  attendance   471  210 

teaching,  practice  in   54  36 

required  for  certificate   57  37 

Normal  school  current  fund    542  241 

payments   into    543  241 

Not  part  of  common  schools 88n  49 

Permanent  funds,  how  invested   550  243 

Principal,  elected  by  trustees   50  34 

duties    of    53  35 

annual  report  of    53  35 

attend   county   institutes,    etc 53  35 

expenses  of  travel   53  35 

sign  diplomas  and  certificates 55  36 

Principals,   annual   meeting  of    60  38 

shall  elect  a  member  of  state  board 7  14 

Public  school  system,  part  of   1  9 

r 


INDEX 


327 


STATE  NORMAL  "SCHOOLS — Continued  :  Sec.  Page 

Students  must  furnish  evidence  of  good  moral  character 56  36 

suspension   of 56  36 

Teachers  in,  not  required  to  have  certificates 311n  149 

Textbooks,    adoption   of    50  34 

free,    deposit   for 58  38 

Trustees,  board  of — 

administrative    officers    2  9 

appointment  of    47-8  33 

boarding  houses,  may  maintain 51  35 

by-laws,    authority  to   adopt 49  34 

insurance  on  buildings,  may  carry 50n  34 

meetings,  regular  and  special   52  35 

organization,   election   of  officers 49  34 

pecuniary  interest  in  contracts  forbidden 62  39 

penalty  for  violation    62  39 

powers  and  duties,   enumerated    50  34 

adopt  textbooks    50  34 

audit  accounts    50  34 

discharge  teachers  and  employes    50  34 

elect  principal,  teachers  and  employes 50  34 

manage    property     50  34 

purchase  supplies 50  34 

quorum     49  34 

report  to  governor  biennially 61  38 

term  of  office   48  33 

textbooks  and  supplies,  to  provide 58  38 

Tuition  to  be  free    56  36 

STATE  SCHOOL  FOR  BLIND  AND  STATE  SCHOOL  FOR  DEAF  : 

Admission,  who  are  eligible  to   72  42 

age   limitation    72  42 

pupils  from  other  states    73  42 

Attendance  at,  requirement  and  exemption 77  43 

Common  schools,  not  part  of 88n  49 

County  to  bear  expense,  when 78  43 

Division  of 79%  44 

Establishment    70  41 

of    separate    schools    79  %  44 

Expenses  of  youth,  when  borne  by  county 78  43 

Location     70  41 

Parents,  duty  of    77  43 

penalty  for  neglect  of 79  44 

Penalty  for  failure  to  obey  law 79  44 

Report  of  county  superintendents 76  43 

of  school  district  clerks   75  42 

State  board  of  control  to  direct 70  41 

Superintendent,  appointment,  of,  tenure 74  42 

for  each   school    79  %  44 

qualifications      74  42 

report  from  county  superintendents 76  43 

subordinates,  appointment  of 74  42 

Term    of    71  41 

Transportation  of  deaf  or  blind   78  43 

Tuition   to   be   free 72  42 

STATE  SCHOOL  FOR  GIRLS  : 

Age  to  be  stated  in  commitment 509  229 

Appropriation     516  233 

Buildings,  erection  of   504  228 


INDEX 


STATE  SCHOOL  FOR  GIRLS — Continued  :  Sec.  rage 

Commission,   membership,   duties    504  228 

Commitment,   age   limit    508  229 

cause  for 508  230 

Court  record  of  girl   509  230 

Discharge   508  230 

Educational  work,  supervised  by  state  board  of  education 513  232 

Establishment     503  228 

Girls,  mental  and  physical  condition  must  be  good 512  231 

may  be  apprenticed  or  receive  wages 514  232 

transportation    of    512  231 

Location    504  228 

Management  vested  in  state  board  of  control 505  229 

Parole,  plan  of    510  230 

conditional  parole    511  231 

Penalties,  enticing  girl  away    511  231 

entrance  upon  grounds  without  permission   511  231 

Site,  selection  of   504  228 

State  training  school,  girls  transferred  from 515  232 

Superintendent,    appointment    505  229 

duties,   enumerated    507  229 

husband  may  be  appointee 505  229 

must  be  woman 505  229 

powers   and   duties 522  234 

to   give   bond    506  229 

Teachers  must  hold  certificates 513  232 

STATE  TRAINING  SCHOOL— (see  STATE  SCHOOL  FOR 
GIRLS.) 

Accounts,  audit  and  payment 519  233 

Aims  and  purpose  of 518  233 

Branches  to  be  taught   69  41 

ibid     525  235 

Commitment,  age  of 65  40 

causes  for   65  40 

court  to  make  order  for    65  40 

Complaints  against   523  235 

Course   of  study    69  41 

Designation     63  39 

Discharge,   age  of    65  40 

Establishment  and  title   517  233 

Girls  transferred  to  state  school  for  girls 515  232 

Intoxicating  liquors,  sale  near,  prohibited 430  197 

penalty  for  violation    431  198 

Location    63  39 

Management  of,  under  state  board  of  control 66  40 

Public  school  system,  part  of 1  9 

see    limitation    63n  39 

Purpose  of    64  39 

Separation  of  sexes    524  235 

State  board  of  control  to  manage 66  40 

Superintendent,  appointment  and  tenure 67  40 

appoints  assistants  and  employes 68  41 

matron     520  234 

to  give  bond   521  234 

report    of    526  235 


INDEX  329 


STATE  TREASURER :  Sec.  Page 

Current  state  school  fund,  tax  receipts  for,  disposition 282  131 

fines,   etc.,   credited  to , 287  133 

Investment  of  educational   funds  in  bonds 550  243 

Member  of  state  board  of  finance 547  242 

chairman  of   549  243 

Moneys  received  from  sale  of  registers,  etc 239(7)  116 

Scientific  school  fund   545  242 

Shall  pay  warrants  for  expenses  of  state  board 10  14 

Shall  receive  money  for  copies  of  credited  papers 5(18)  13 

State  college  funds,  treasurer  of 546  242 

STATISTICS,  educational,  kept  by  state  superintendent 5(13)  12 

SUBJECTS,  to  be  taught  in  common  schools 89  49 

SUMMER  SCHOOL  : 

Accredited,  attendance  at,  basis  for  new  certificate 325  155 

District  may  not  maintain 191n  92 

SUPERIOR  COURT: 

Commitment  to  parental  school    531-2  237 

to  state  institution  for  feeble-minded 84  47 

Judge  to  issue  permits  for  children  to  labor 443  201 

Shall  be  juvenile  court 485  217 

Taking  private  property  for  school  house  sites 416ff  193 

clerk  of,  not  to  charge  fees 429  197 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

Administrative  officer   2  9 

Appeals  on  points  of  law  decided  by 5(14)  12 

Appeals  taken  to   385  181 

in  revocation  cases 337  161 

Apportionment,  number  and  dates  of   243  118 

basis    of    245  118 

Assistant  and  deputy,  appointees   6  13 

Approval  of  courses  of  study   268  126 

Biennial    report   of    . 5(2)  10 

county   superintendents   to   preserve    157(6)  75 

report  from  state  normal  schools  included 61  38 

Certificates  and  diplomas,  shall  issue  or  countersign 312  150 

shall  sign  those  from  state  normal  schools 55  36 

Compulsory  attendance,  blanks  for   400  187 

certificate  of  excuse,  to  approve  form 393  184 

County  superintendent  to  execute  instructions  of 157  74 

annual   report   from    157(11)  75 

certificate  of  receipt   , 157(11)  75 

failure  to  report,  penalty 368  174 

report  of  sale  of  registers  and  clerks'  record  books 157(19)  77 

Credit  when  schools  are  closed 254  121 

Directory  of  schools,  officers  and  teachers 5(11)  12 

Districts  less  than  four  sections,  approve  formation 153  73 

Election    of    3  9 

Examinations,  grammar  school,  reports  of 407  190 

high  school  extension,  questions  and  manuscripts 409  191 

teachers'  papers  and  reports  of 323  153 

questions     5(3)  11 

Expenses,    traveling    5n  10 

Failure  to  deliver  books  to  successor,  penalty 373  177 

Forfeiture   of   certificate,    when 376  178 

Joint  districts,  maps  of,   filed  with 136  66 

Law,   school,   points  of,  decided  by 5(14)  12 

printing  of 5(6)  11 


330  INDEX 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— Continued  :  Sec.  Page 

Officers  employed  by   6  13 

Powers  and  duties,  enumerated 5  10 

administer  oaths    5(15)  12 

annual  convention  of  county  superintendents,  to  hold....  5(8)  11 

biennial  report,  to  make  and  distribute 5(2)  10 

decide  points  of  law   5(14)  12 

distribute  blanks,  forms,  etc 5(3)  11 

file  papers,  records,  etc 5(9)  12 

issue  certificates    5(12)  12 

keep  directory  of  regents,  trustees  and  faculties.........  5(11)  12 

make  certified  copies  of  papers,  charge 5(18)  13 

perform  other  lawful  duties 5(19)  13 

prepare   state   manual    5(17)  13 

president  of  state  board 5(7)  11 

print  laws  relating  to  schools 5(6)  11 

publish  official  decisions 5(14)  12 

records  in  office,  to  keep   5(13)  12 

records,  to  be  delivered  to  successor 6(16)  13 

require  reports  from  educational  institutions 5(10)  12 

shall    travel    5(4)  11 

submit  statement  of  expenses 5(5)  11 

supervise  public  schools   5(1)  10 

Publishers  to  deposit  books  with 269  127 

Salary    4  10 

Shall  prepare  course  of  study  for  schools  of  second  division..  269  127 

State  board  of  education,  president  ex  officio 5(7)  11 

books  furnished  for   8  14 

records  of  proceedings  kept  in  office   9  14 

seal,  kept  in  office   13  18 

special  meetings  called   10  14 

State  college,  annual  report  of   39  30 

State  manual  prepared  by   5(17)  13 

Suspension  of  teachers,  to  be  notified 157(18)  77 

Term   of  office    3  9 

Visiting  of  schools 5(4)  11 

Visitor  ex  officio,  of  state  college 26  24 

SUPERVISORS  : 

Employed  in  districts  of  first  class 191(8)  93 

In  districts  of  second  and  third  class 460  207 

SUPPLIES  : 

Bids  advertised  for,  in  first  class  districts 190  91 

Directors  to  loan  to  pupils,  when 163(7)  80 

may  not  have  pecuniary  interest  in  purchase 169  85 

In  second  class  districts,  directors  shall  provide 202  100 

In    third    class    districts,    directors    to    provide,    approval    re- 
quired       214  104 

Purchase  by  clerks    163n  82 

Purchase  from  director  illegal 163n  82 

from    instructor     163n  82 

Secretary  may  be  authorized  to  purchase 182  89 

Union  high  school  districts  may  purchase 147  71 

TAX  LEVIES  : 

Alteration  of  boundaries,  levies 116  59 

Bonds,  for  interest  and  sinking  fund  on 294  138 

Circulating   library,    limit    274  128 

Consolidated  district,  indebtedness,  how  paid 127  64 

County  school  tax,  limit 283  131 


INDEX 


331 


TAX  LEVIES— Continued  :  Sec.  Page 

Current  state  school  fund,  state  tax 281  131 

certified  to  county  auditors   . 282  131 

Extension  of  city  limits,  old  district  to  pay  indebtedness 120  61 

For  permanent  fire  insurance  fund,  first  class  districts 458  206 

In  first  class  districts,  regular  levy   194  96 

maximum     195  97 

In  second  class  districts,  limit 203  100 

In  third  class  districts,  limit 219  105 

Joint  districts  to  pay  indebtedness  in    139  68 

New   districts,    levies    in    113  58 

Special,  when  district  has  not  shared  apportionment 382  180 

State  tax  for  higher  institutions   451  204 

amount  and  proportion  of  levy 454  205 

definition  of  terms    451  204 

funds  created   452  204 

To   pay   unextinguished  validated   indebtedness 310  147 

Union  high  school  districts   147  71 

TAXPAYER : 

Contract,  illegal,  may  enjoin  payment  of   169n  85 

May  be  challenged  for  cause  in  jury  service,  when 420  194 

May  inspect  records  of  first  class  districts 185  90 

Union  high  School  districts,  resident  of,  may  appeal 149  71 

TEACHERS  : 

Abusing,  penalty  for 377  178 

Appeals  regarding,  to  whom  taken 385  181 

Authority  over  pupils   93  51 

Certificates,  shall  hold  valid   225  109 

iUd 229  111 

moral  character  and  personal  fitness,  evidence 315  151 

must  be  valid  for  full  period   229  111 

contract    void    when 225n  109 

registration    of    315,  321  151-2 

revocation  of    335-7  160-1 

impropriety   no   cause   for 335n  160 

Contagious  disease,  bar  from  school    92  50 

Contracts  must  be  made,  how   163(1)  80 

annullment  of,  recovery  for   229n  111 

breach  of,  appeal  to  county  superintendent 384n  181 

employment  by,  necessary    229  111 

must  be  approved    157n  74 

void,   when    225n  109 

warrants  not  registered,  when    236  113 

Cottages  for,  may  be  erected 460  207 

Course  of  study  and  rules,  to  enforce 228  111 

shall  decide  grade  pupils  belong  to   228n  111 

Directors  to  enforce  rules  governing 163(2)  80 

relationship  to  director  no  bar 163n  80 

Discharge  for  cause 163(1)  80 

Duties,   listed  by  state  board    259 

Election,  hiring  presumes  adjourned  meeting 163n  80 

regularity  of  meeting   163n  80 

Employed   by    directors    163(1)  80 

Evidence   of   successful    experience    317  151 

basis  for  new  certificate  or  diploma   325  154 


$32  INDEX 


TEACHERS — Continued  :  Sec.  Page 
Examination  of — (see  EXAMINATIONS.) 

may  teach  till  notified  of  results 322  153 

Failure  to  enforce  compulsory  attendance  law,  penalty 401  188 

Failure  to  enforce  course  of  study  and  rules,  penalty 374  177 

False  report  of  presence  of  pupils,  penalty 379  179 

First  class  districts,  elected  by  board   191  (5)  93 

elected  by  roll  call    179  88 

Furnished  copy  of  school  census 397  187 

Holidays,  not  required  to  teach,  specified   230  111 

Institute,   attendance   required    258  122 

failure  to  attend,  penalty   376  178 

pay  not  diminished  for    261  123 

Janitor,  may  serve  as,  compensation 163n  80 

Morality  and  patriotism,  must  teach   232  112 

Normal  school,  not  to  have  certificates 311n  149 

Punishment  of  pupils,  when  not  allowed 231n  111 

maltreatment,    penalty     375  177 

Pupils,  may  suspend,  when   231  111 

Register  for,  clerk  to  supply   223(7)  108 

shall  keep,  penalty  for  failure   226  110 

Reports,  county  superintendent  to  require 158  78 

required,   penalty   for   failure    226  110 

Rights,  social,  personal  and  political 230n  111 

Rules  for  government  of,  prescribed  by  state  board 259 

Salary,   withheld,   when 374  177 

Saturdays,  not  required  to  teach  on   230  111 

School  day  and  school  month 90  50 

Second  class  districts,  when  employed 205  101 

Subjects  to  be  taught 89  49 

Supplies  purchased  from 163n  80 

Suspension   of,    when    157  ( 18)        77 

Third  class  districts,   elected,   when 218  105 

Truancy  or  incorrigibility,  to  report 397  187 

Union  high  schools,   reports  from 146  70 

Ventilation  and  temperature  of  school  room 89  49 

Warrants  issued  to  disqualified  teacher 381  179 

Warrants  not  registered,  when 236,  238  113 

TECHNICAL  SCHOOLS,  included  in  public  school  system 1  9 

TERM— (see    SCHOOL    TERM). 

TERRITORY,  SCHOOL  DISTRICT— (see  DISTRICTS.) 

Appeals  concerning,  taken  to  county  commissioners 385  181 

TEXTBOOKS : 

Classification  of  districts  for  purposes  of 265  124 

County   superintendent  can   handle,   when 270  127 

Directors  may  not  sell  to  pupils 269n  126 

Failure  to  use  adopted,  penalty 381  179 

First  division,  adoption  of,   in    267  125 

commission  for  selecting   266  124 

advertising  for  bids    267  125 

compensation    271  127 

oath,  term  of  office   266  124 

organization   of    266  124 

length  of  adoption 266  124 

supplementary,   adoption,    when    266  124 

when  district  of  second  becomes  district  of  first  division .  .  266n  124 


INDEX 


333 


TEXTBOOKS — Continued  :  Sec.  Page 

Free,  directors  to  provide,  when 163(7)  80 

rules    concerning    163(7)  80 

vote  required  in  first  class  districts 191(10)  93 

voted  on  at  regular  election   177n  88 

Injury   to,    penalty    380  179 

Publishers  to  deposit  copies  with  state  superintendent 269  127 

Pupils  must  be  furnished  with 163 (8)  81 

Second  division,  county  board  to  select 269  126 

advertisement  for  bids   269  127 

joint  districts,  which  county  board  controls 272  128 

length  of  adoption 269  126 

supplementary,  power  to  adopt    269  127 

State  normal  schools,  adoption  of   50  34 

free  in   58  38 

pecuniary  interest  in  contract  forbidden 62  39 

THIRD   CLASS   DISTRICTS— (see   DISTRICTS.) 

TITLE  OP  CODE  OF  1909 432  198 

TRANSPORTATION    OF    PUPILS 163(11)  81 

Building  bridge  not  allowed    163n  80 

No  discrimination    163n  80 

Not  to  or  from  another  district 163n  80 

TRUANCY : 

Report   of    397  187 

Rules  to  prevent   11(7)  17 

TRUANT  SCHOOLS— (see  PARENTAL  OR  TRUANT 
SCHOOLS.) 

TUBERCULOSIS,  PULMONARY,  persons  afflicted  with 92  50 

TUITION  : 

In  high  schools,  must  be  free  when 249  120 

May  be  charged  when 166  84 

UNION  HIGH  SCHOOL  DISTRICTS— (see  DISTRICTS.) 

UNIVERSITY  OF  WASHINGTON  : 

Aim   and   purpose    15  18 

Attorney  general,  legal  advisor  for 21  22 

Bequests  to  university    18(4)  21 

Buildings,  erection  of   22  22 

funds  for,  how  drawn  and  disbursed 24  23 

Carnegie  fund,   application  for,   authorized 447  203 

Catalogue,   annual    18 (2)  20 

Co-educational   15  18 

Common  schools,  not  part  of 88n  49 

Degrees  and  diplomas  granted  by  regents 18(3)  20 

Department  of  education,  courses  approved  by  state  board...        11(2)  15 

work  required  for  normal  and  life  diplomas 18(3)  20 

Designation 14  18 

Diplomas,   classification  of,   for   teaching 324(3)  154 

granting    of    332  159 

normal  diplomas,  requirements  for    18(3)  20 

life  diplomas,   requirements  for    18(3)  20 

Entrance,  age  limitation    15  18 

certificate  from   high   school   extension   examinations 410  191 

scholastic    requirements    for 15  18 

approved  by  state  board 11(1)  15 


334  INDEX 


UNIVERSITY  OF  WASHINGTON— Continued  :  Sec.  Page 

Faculty,  employed  by  regents   18(1)  20 

authority    of    19  21 

compensation  for  attending  institutes 18n  20 

constituted   how    19  21 

course  of  study    18(2)  20 

entrance  requirements  specified  by 15  18 

recommendations  for  diplomas  and  degrees 18(3)  20 

Intoxicating  liquors,  sale  of,  prohibited 475  212 

not  affected  by  other  law 430  197 

penalty  for  violation    476  212 

sales  by  druggists  prohibited 430n  197 

Lands  of,  proceeds  go  where    538-9  240 

bonding   of,    authorized    558  246 

Library    fee    15n  19 

Location  of   14  18 

Museum,   created    465  209 

materials  collected  for    466  209 

private  persons  may  contribute    467  209 

regents  to  have  charge    468  210 

Part  of  public  school  system    .* 1  9 

Permanent   funds,    how   invested    550  243 

President  of  university,  appointment  and  term  of  office 18(1)  20 

annual  report  to  state  superintendent 5  (10)  12 

member  of  state  board  of  education 7  14 

Purpose   of    15  18 

Regents,  board  of — ■ 

administrative    officers    2  9 

appointment  and  term  of  office   16  19 

architects,  etc.,  may  be  employed 23  23 

buildings,    erection   of,   authorized 22  22 

catalogue,    annual    18(2)  2.0 

compensation    and    expenses    18(7)  21 

course  of  study  prescribed  by   18(2)  20 

diplomas  and  degrees  granted  by   18(3)  20 

executive  committee,  election  and  power  of 17  19 

facilities  for  instruction,  to  provide 478  213 

meetings    17  19 

oath  of  office    16  19 

organization   of    17  19 

powers  and  duties  of,  enumerated 18  20 

biennial    report   to   governor 18(6)  21 

control  university    18(1)  20 

course  of  study,  to  prescribe   18(2)  20 

degrees  and  diplomas,  to  grant 18(3)  20 

employ  president,  faculty,  etc 18(1)  20 

execute  bonds  to  war  department 18(5)  21 

publish  annual  catalogue   18(2)  20 

receive  bequests,  report    18(4)  21 

receive  expenses   18(7)  21 

report  to  governor  biennially    18(6)  21 

vacancy,    how    filled    16  19 

Religious   or   sectarian   control   prohibited 20  22 

State  tax  for  higher  institutions,  to  share  in 451  204 

levy  for  university    454  205 

State  university  current  fund    539  240 

State  university  permanent  fund    538  240 


INDEX 


UNIVERSITY  OF  WASHINGTON— Continued  :  Sec.  Page 

Students  not  "school   children" Ion  19 

Tuition,  residents  and  non-residents 15  18 

University  fund,   created    : 452  204 

tax  levy  for   454  205 

uses    of    455  205 

University  of  Washington  fund,  appropriation  from 557  246 

USE  OF  SCHOOL  BUILDINGS— (see  BUILDINGS.) 

VACCINATION  : 

Exception  to  compulsory   392n  183 

Required  in  first  class  districts,  when 191  (11)  93 

VENTILATION  : 

Directors,   duty  of,   regarding    163(4)  80 

Plans  for,  county  superintendent  to  approve  when 221  106 

Teacher  to   regulate    89  49 

ibid    par.   7  259 

VIVISECTION  : 

Restriction    of    472  211 

Dissection  permitted,  when    473  211 

Penalty  for  violation    474  212 

WARRANTS : 

Cancelled,    statement    of    239 (6)  116 

Clerk  to  sign,   etc 223  (8)  108 

County  auditor  to  countersign  and  register 235  113 

not   to   register,   when    236-8  113 

County   treasurer   to   register    239(4)  115 

Exchanged   for  bonds,   when 292  138 

iUd     309  147 

Illegal,  paid  when  validated   310n  147 

Interest  on    239 (4)  115 

Invalidity  of,  prevents  cause  of  action 310n  147 

Legal  rate  of  interest  on   449  204 

how   regulated    450  204 

Limitations,  statute  of,  applies  to 239n  114 

Registration   of    238y2  113 

Signing  of,  in  first  class  districts   186  90 

WASHINGTON,  STATE  OF  : 

History  and  map  contained  in  state  manual 5(17)  13 

Museum  at  university  a  depository  for 465  209 

materials  to  be  deposited 466  209 

WASHINGTON      STATE     TRAINING      SCHOOL— (see      STATE 
TRAINING  SCHOOL.) 

WOMEN : 

May   hold   offices    95  51 

Qualified  to  vote  at  school  elections 342  163 

Superintendent  and  officers  of  state  school  for  girls  to  be.  .  .  .  505  229 


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